International Arbitration

International Arbitration Information by Aceris Law LLC

  • International Arbitration Resources
  • Cost Calculators
  • Search Engine
  • Model Request for Arbitration
  • Model Answer to Request for Arbitration
  • Find International Arbitrators
  • Blog
  • Arbitration Laws
  • About Us
  • Arbitration Lawyers
You are here: Home / France Arbitration / William Kirtley and Christy Chidiac Comment on Setting Aside of Arbitral Award

William Kirtley and Christy Chidiac Comment on Setting Aside of Arbitral Award

28/03/2019 by International Arbitration

In a recently-published article by LexisNexis, William Kirtley and Christy Chidiac provide analysis of the French Court of Cassation’s setting aside of the Paris Court of Appeal’s partial annulment of an arbitration award on jurisdiction rendered in Serafín García Armas and Karina García Gruber v The Bolivarian Republic of Venezuela (“Serafín“).

Serafin Garcia Armas

 

A primary issue in the setting aside proceedings concerned whether the nationality of the investor should be considered at the time of an investment. While the Court of Cassation remanded the case to the Court of Appeal for reconsideration, the relevant dates to be used were interestingly already discussed by the dissenting opinion in the arbitral tribunal’s decision on jurisdiction. The dissenting arbitrator was of a view that the nationality of the investor should also be considered at the time of the investment. However, because at least part of the investments in Serafín were made after the investors already had Spanish nationality, they would be protected investments in any event and the outcome of the finding of jurisdiction would not, in principle, be changed.

LexisNexis’s article is available here. The Court of Cassation’s decision may be found below.

Download the PDF file .

Filed Under: France Arbitration, Venezuela Arbitration

Search Arbitration Information

Pre-Conditions to Arbitration Are A Question of Admissibility: Hong Kong Decision C v D [2022] HKCA 729

Denial of Benefits in Investment Arbitration

Global Claims in Construction Arbitration

Arbitration in Egypt

Customary International Law and Investment Arbitration

Disruption Claims in International Arbitration

2022 Revised P.R.I.M.E Finance Arbitration Rules

The New ICSID Arbitration Rules

Aceris Law Again Highly Recommended as Among the Best Law Firms for International Arbitration in 2022

Umbrella Clauses in Investment Arbitration

Costs of ICSID Annulment Proceedings

Partial Awards on Unpaid Costs in International Arbitration

Translate


Recommended Links

  • Arbitration Institute of the Stockholm Chamber of Commerce
  • Dubai International Arbitration Centre (DIAC)
  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • Singapore International Arbitration Centre (SIAC)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

About Us

The international arbitration information on this website is sponsored by the international arbitration law firm Aceris Law LLC.

© 2012-2022 · IA