JUDGMENT OF THE FRENCH COUR DE CASSATION FIRST CIVIL CHAMBER RENDERED ON 1 FEBRUARY 2005 IN CASE NO. 01–13.742/02–15.237

 

Subject Matter: Whether a French court can appoint an arbitrator on behalf of an obstructing party at the request of the other party in an arbitration that is not taking place in France or subject to French procedural law.

 

Finding: The Court affirmed the French courts’ right to appoint an arbitrator on behalf of one of the parties where not doing so would have effectively blocked the other party from exercising its right to arbitration (denial of justice), notwithstanding the weak link of the arbitration with France.

 

Parties:

Appellant: State of Israel

Respondent: National Iranian Oil Company (NIOC)

 

Place of Court Proceedings: Paris, France

 

Applicable Law in the Court Proceedings: French Law