French International Arbitration Law Reports: 2009
French International Arbitration Law Reports: 2009 is the second yearly report in a series of periodicals which set out the case law of the Paris Court of Appeal and the French Supreme Court relating to international arbitration. The case law is comprehensive and each case is published in its original version (French) along with a translation into English.
Aimed for practitioners and academics alike, the knowledge of French case law is indispensable to understand international arbitration and its important influence around the world.
PDF of Title Page and T.O.C.
Foreword
Introduction 2009
About the Editors
Table of Cases
Reported and Translated Cases
Appendix: Relevant Provisions of the French Code of Civil Procedure
Index
1. Paris Court of Appeal, 1st Chamber – Section C, 22 January 2009, S.N.F. S.A.S v La Chambre de Commerce Internationale
Madame Kristine Karsten v Madame Stéphanie Stein,
Monsieur Alan Jenkins, Monsieur Brian Hughes,
Monsieur Henri-Xavier Ortoli, Monsieur Pascal de Moidrey,
About the Editors:
Philippe Pinsolle is a partner at Shearman & Sterling LLP in Paris, and specializes in international arbitration. He has been involved, as counsel or arbitrator, in more than a hundred and fifty international arbitrations, both institutional (ICC, ICSID, LCIA, SCC, AFA, Swiss Rules, etc.) and ad hoc, concerning such activities as investment, oil and gas, energy, telecom or defense industry. He is a member of the Paris Bar and of the Bar of England & Wales (Gray's Inn). He is a lecturer on international arbitration at the Universities of Aix-Marseille III, Versailles-St Quentin and Paris 12. Mr. Pinsolle is the former President of the International Arbitration commission of the Union Internationale des Avocats (UIA) and a co-founder of the Young Arbitration Practitioners (YAP). He is the author of numerous articles and case-notes on international arbitration. He holds a J.D. degree from the university of Paris II, a M.Jur. from Oxford University, Hertford College, and an MBA degree from Essec.
Thomas Clay is the Dean of the Versailles Law School and Director of its LLM in International Arbitration in collaboration with the International Chamber of Commerce (ICC), the only French-language program in international arbitration. A member of the French Arbitration Committee and of the International Arbitration Institute and other institutions, Professor Clay is the author of various books and articles on arbitration, including "The Arbitrator", a treatise on the duties and obligations of arbitrators. He writes a regular column Arbitration Law in the weekly legal journal Dalloz. He also participates in numerous conferences throughout the world on international arbitration and has an extensive practice in arbitration in French, Spanish, English and Italian, collaborating with the ICC, other French institutions, the Milan Arbitration Court, and in Africa and South America. He is also member of the Jurisdiction of Professional Soccer League and Arbitrator in the French Sport Arbitration Chamber.
Thomas Voisin is an Associate in Shearman & Sterling's International Arbitration group. He has advised on numerous commercial and investor-State arbitrations. He is a member of the Paris Bar. He graduated from the University Panthéon-Assas (Paris II) and holds an M.Jur. from Oxford University.
"A superb research tool for arbitration practitioners and scholars alike."
-William (Rusty) Park, Professor of Law at Boston University. His practice and teaching focus on international financial and commercial transactions. Mr. Park is General Editor of Arbitration International. He has served as arbitrator in ICC, AAA, LCIA, ICSID, IACAC, UNCITRAL and ad hoc proceedings. Mr. Park is a member of the International Council for Commercial Arbitration (ICCA) and the American Arbitration Association Board of Directors, and a Fellow of both the Chartered Institute of Arbitrators and the College of Commercial Arbitrators.
"French case law has played a central role in the development of international arbitration. This book enables non-French speakers to access it directly. As such, it is an essential tool for all lawyers who are engaged in the practice of international arbitration."
-Professor Bernard Hanotiau, member of the Brussels and Paris bars. He concentrates on international arbitration and litigation. He is Professor at the Law School of Louvain University where he teaches international arbitration. Mr. Hanotiau is a member of the Council of the ICC Institute and member of the ICC International Arbitration Commission. He is also Vice-President of the LCIA Court, of CEPANI (Belgian Arbitration Center) and of the Institute of Transnational Arbitration (Dallas).
"This is a most welcome publication giving access to international arbitration practitioners to follow, keep up-to-date and trace and read important decisions of the French courts affecting arbitration."
-Julian Lew, QC has been involved with international arbitration for more than 30 years as counsel and as an arbitrator.
About the Editors:
Philippe Pinsolle is a partner at Shearman & Sterling LLP in Paris, and specializes in international arbitration. He has been involved, as counsel or arbitrator, in more than a hundred and fifty international arbitrations, both institutional (ICC, ICSID, LCIA, SCC, AFA, Swiss Rules, etc.) and ad hoc, concerning such activities as investment, oil and gas, energy, telecom or defense industry. He is a member of the Paris Bar and of the Bar of England & Wales (Gray's Inn). He is a lecturer on international arbitration at the Universities of Aix-Marseille III, Versailles-St Quentin and Paris 12. Mr. Pinsolle is the former President of the International Arbitration commission of the Union Internationale des Avocats (UIA) and a co-founder of the Young Arbitration Practitioners (YAP). He is the author of numerous articles and case-notes on international arbitration. He holds a J.D. degree from the university of Paris II, a M.Jur. from Oxford University, Hertford College, and an MBA degree from Essec.
Thomas Clay is the Dean of the Versailles Law School and Director of its LLM in International Arbitration in collaboration with the International Chamber of Commerce (ICC), the only French-language program in international arbitration. A member of the French Arbitration Committee and of the International Arbitration Institute and other institutions, Professor Clay is the author of various books and articles on arbitration, including "The Arbitrator", a treatise on the duties and obligations of arbitrators. He writes a regular column Arbitration Law in the weekly legal journal Dalloz. He also participates in numerous conferences throughout the world on international arbitration and has an extensive practice in arbitration in French, Spanish, English and Italian, collaborating with the ICC, other French institutions, the Milan Arbitration Court, and in Africa and South America. He is also member of the Jurisdiction of Professional Soccer League and Arbitrator in the French Sport Arbitration Chamber.
Thomas Voisin is an Associate in Shearman & Sterling's International Arbitration group. He has advised on numerous commercial and investor-State arbitrations. He is a member of the Paris Bar. He graduated from the University Panthéon-Assas (Paris II) and holds an M.Jur. from Oxford University.
"A superb research tool for arbitration practitioners and scholars alike."
-William (Rusty) Park, Professor of Law at Boston University. His practice and teaching focus on international financial and commercial transactions. Mr. Park is General Editor of Arbitration International. He has served as arbitrator in ICC, AAA, LCIA, ICSID, IACAC, UNCITRAL and ad hoc proceedings. Mr. Park is a member of the International Council for Commercial Arbitration (ICCA) and the American Arbitration Association Board of Directors, and a Fellow of both the Chartered Institute of Arbitrators and the College of Commercial Arbitrators.
"French case law has played a central role in the development of international arbitration. This book enables non-French speakers to access it directly. As such, it is an essential tool for all lawyers who are engaged in the practice of international arbitration."
-Professor Bernard Hanotiau, member of the Brussels and Paris bars. He concentrates on international arbitration and litigation. He is Professor at the Law School of Louvain University where he teaches international arbitration. Mr. Hanotiau is a member of the Council of the ICC Institute and member of the ICC International Arbitration Commission. He is also Vice-President of the LCIA Court, of CEPANI (Belgian Arbitration Center) and of the Institute of Transnational Arbitration (Dallas).
"This is a most welcome publication giving access to international arbitration practitioners to follow, keep up-to-date and trace and read important decisions of the French courts affecting arbitration."
-Julian Lew, QC has been involved with international arbitration for more than 30 years as counsel and as an arbitrator.
PDF of Title Page and T.O.C.
Foreword
Introduction 2009
About the Editors
Table of Cases
Reported and Translated Cases
Appendix: Relevant Provisions of the French Code of Civil Procedure
Index
1. Paris Court of Appeal, 1st Chamber – Section C, 22 January 2009, S.N.F. S.A.S v La Chambre de Commerce Internationale
Madame Kristine Karsten v Madame Stéphanie Stein,
Monsieur Alan Jenkins, Monsieur Brian Hughes,
Monsieur Henri-Xavier Ortoli, Monsieur Pascal de Moidrey,