The case Société PT Putrabali Adyamulia v Société Rena Holding et Société Moguntia Est Epices is one of the French landmark cases concerning the enforcement of an arbitral award in France, where the enforcement of an annulled arbitration award is possible. In the case, Putrabali sold a cargo of white pepper to Rena Holding. The […]
Successful Challenge of Arbitration Award before the French Conseil d’Etat
On 9 November 2016, following the challenge of an arbitration award before the French Conseil d’Etat, France’s highest administrative court, the administrative court rendered an interesting new decision on the issue of its power to review an international arbitration award in the context of a public contract. This decision arises out of an ICC award […]
The Arbitrator’s Duty to Disclose in International Arbitration
The arbitrator’s duty to disclose potential conflicts of interest depends on the applicable law. The arbitrator, in France, is bound by a duty of sincerity towards the parties that can be seen on two levels, in a chronological manner. First, he must reveal all and any potential conflict of interests before accepting his or her […]
Multiparty Arbitrations under the 2014 LCIA Rules
The last decade has seen a rising number of arbitrations involving two or more parties. So-called complex and multi-party arbitrations raise numerous practical issues in international arbitration, involving but not limited to the questions of who are the parties to an arbitration agreement, the possibilities of an “extension” of an arbitration agreement, the joinder of a third party, the consolidation of […]
Tribunal’s Role in Arbitration Document Production under the ICC Rules
Arbitration document production is a “process by which a party can request the production of documents that are in another party’s possession”. Despite the IBA Rules on the Taking of Evidence in International Arbitration to provide guidance, the absence of uniform rules on document production in international arbitration marks deep legal and cultural differences globally with […]