French International Arbitration Law Reports: 2011
French International Arbitration Law Reports: 2011 is the fourth yearly volume 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 the original French along with a expert translation into English provided by the Editors. Aimed for practitioners and academics alike, the knowledge of French arbitration case law is indispensable to understand international arbitration and its important influence around the world.
2011 is a pivotal year for modern French law. The year begins with the new decree of 13 January, which, after thirty years, deeply changes French law, while ensuring the continuity of the solutions. Modernization, simplification and integration of jurisprudential developments since 1981 are the key words of the new decree, which have become Articles 1442 to 1527 of the Code of Civil Procedure. The set of articles is sufficiently coherent, homogeneous and autonomous to constitute a true code of arbitration.
It is a text resulting from a collective work developed over a period of more than ten years, of very high editorial quality, which both integrates the judicial solutions acquired to make them more accessible and proposes new solutions in order to put French law at the forefront of arbitration law. Moreover, the new law of arbitration enshrines its autonomist view of arbitration, both in relation to state justice and in relation to national legal orders, which are entirely oriented towards efficiency. This new decree, which has been included since May 1, 2011 in the Code of Civil Procedure in Articles 1442 to 1527, is an indisputable success and is appreciated as such. The changes are so numerous that it would be futile to attempt to present them here. Especially since, like its predecessor in 1981, the report of the Garde des Sceaux accompanying the new text clearly indicates that it is part of the continuity of the case law, to make it coherent with previous caselaw, rather than disturbing it.
In seeking to bring together the whole body of arbitration law in a single code, the decree of 13 January 2011 could paradoxically have drained the jurisprudence, at least of its scientific interest, and put an end to the present collection which has as its specific goal to make French arbitration jurisprudence accessible and intelligible.
The very existence of this book will be such as to reassure our faithful readers about the continuity of this collection. They will thus be able to understand, here as in the next volumes, that far from drying up, the jurisprudence has continued to develop and has played its role in the interpretation and enrichment of the new articles of the Code of Procedure Civil society. It is not so much in 2011 that this was felt because the new law was applied by the higher courts only with the inevitable delay due to the time that it takes for appeals to reach them.
PDF of the Title Page and Tables of Contents and Cases
Table of Cases
2. Paris Court of Appeal, 1st Chamber – Section C, 6 January 2011 Mattei v Elf Neftegaz S.A
6. Cour de cassation, First Civil Chamber, 26 January 2011 Akthea v Encore Orthopedics
12. Cour de cassation, First Civil Chamber, 9 March 2011 S.A. CMA/CGM v Hyundaï Nipo Dockyard Co Ltd
15. Cour de cassation, Commercial Chamber, 27 April 2011 Wedi GmbH v Jean-François Sick
20. Paris Court of Appeal, 1st Chamber – Section C, 12 May 2011 ACCOR S.A.S v Inertraff S.A.R.L
22. Cour de cassation, First Civil Chamber, 18 May 2011 Mrs X v LAMB Caraïbes
23. Cour de cassation, First Civil Chamber, 1st June 2011 Pharmethica v Euronda
26. Cour de cassation, First Civil Chamber, 29 June 2011 Golan v Papillon Group corporation (PGC)
27. Cour de cassation, First Civil Chamber, 29 June 2011 EARL Poupardine v Smeg N.V
29. Cour de cassation, First Civil Chamber, 6 July 2011 Mr and Mrs. X v Mr Y
42. Cour de cassation, Social Chamber, 30 November 2011 Deloitte Conseil v Messrs. X and Y
About the Editors
Thomas Clay is Professor in International Arbitration Law in Versailles University, Director of its LLM in International Arbitration in collaboration with the International Chamber of Commerce (ICC), the only French-language program in international arbitration. He’s also Vice-President of the University, managing partner of Clay Arbitration Law Firm, and former Dean of the Law School. 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, and “Code de l’arbitrage commenté”, a restatement of the French law. 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, as arbitrator or counsel, in French, Spanish, English and Italian, collaborating with the ICC, other French institutions, the Milan Arbitration Court, and in Africa and South America. Professor Clay is also a member of the Jurisdiction of Professional Soccer League and Arbitrator in the French Sport Arbitration Chamber. He was appointed by France to serve as co-arbitrator in the first ICSID Arbitration against that country.
Philippe Pinsolle is the Managing Partner of the Paris Office at Quinn Emanuel Urquhart & Sullivan, and specializes in international arbitration. He has been involved, as counsel or arbitrator, in more than two 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 the defense industry. Mr. Pinsolle 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 cofounder of the Young Arbitration Practitioners (YAP). He is the author of numerous articles and case-notes on international arbitration and holds a J.D. degree from the University Pantheon-Assas (Paris II), a M.Jur. from Oxford University, Hertford College, and an MBA degree from Essec.
Thomas Voisin is a Partner in the Paris office of Quinn Emanuel Urquhart & Sullivan. He has represented clients in a number of international arbitrations, both ad hoc (including under the UNCITRAL Rules) and under the rules of major arbitration centers (ICC, ICSID, LCIA, SCC, AFA, etc.), with particular focus on investment, energy, and commercial disputes. His experience includes international arbitrations in the oil & gas, power, transportation, mining, aviation and chemical sectors. He graduated from the University Pantheon-Assas (Paris II) and holds an M.Jur. from Oxford University.
Suhaib Al-Ali is an Associate in the Paris office of Quinn Emanuel Urquhart & Sullivan. He has intervened on behalf of both States and Investors before ICSID and ad hoc tribunals, as well as commercial Claimants and Respondents before the ICC, LCIA, ECA, and the Franco-German Chamber of Commerce and Industry. He has degrees from King’s College London, Paris-I Pantheon-Sorbonne, and the University of Chicago. He is a member of the New York Bar.
About the Editors
Thomas Clay is Professor in International Arbitration Law in Versailles University, Director of its LLM in International Arbitration in collaboration with the International Chamber of Commerce (ICC), the only French-language program in international arbitration. He’s also Vice-President of the University, managing partner of Clay Arbitration Law Firm, and former Dean of the Law School. 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, and “Code de l’arbitrage commenté”, a restatement of the French law. 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, as arbitrator or counsel, in French, Spanish, English and Italian, collaborating with the ICC, other French institutions, the Milan Arbitration Court, and in Africa and South America. Professor Clay is also a member of the Jurisdiction of Professional Soccer League and Arbitrator in the French Sport Arbitration Chamber. He was appointed by France to serve as co-arbitrator in the first ICSID Arbitration against that country.
Philippe Pinsolle is the Managing Partner of the Paris Office at Quinn Emanuel Urquhart & Sullivan, and specializes in international arbitration. He has been involved, as counsel or arbitrator, in more than two 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 the defense industry. Mr. Pinsolle 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 cofounder of the Young Arbitration Practitioners (YAP). He is the author of numerous articles and case-notes on international arbitration and holds a J.D. degree from the University Pantheon-Assas (Paris II), a M.Jur. from Oxford University, Hertford College, and an MBA degree from Essec.
Thomas Voisin is a Partner in the Paris office of Quinn Emanuel Urquhart & Sullivan. He has represented clients in a number of international arbitrations, both ad hoc (including under the UNCITRAL Rules) and under the rules of major arbitration centers (ICC, ICSID, LCIA, SCC, AFA, etc.), with particular focus on investment, energy, and commercial disputes. His experience includes international arbitrations in the oil & gas, power, transportation, mining, aviation and chemical sectors. He graduated from the University Pantheon-Assas (Paris II) and holds an M.Jur. from Oxford University.
Suhaib Al-Ali is an Associate in the Paris office of Quinn Emanuel Urquhart & Sullivan. He has intervened on behalf of both States and Investors before ICSID and ad hoc tribunals, as well as commercial Claimants and Respondents before the ICC, LCIA, ECA, and the Franco-German Chamber of Commerce and Industry. He has degrees from King’s College London, Paris-I Pantheon-Sorbonne, and the University of Chicago. He is a member of the New York Bar.
PDF of the Title Page and Tables of Contents and Cases
Table of Cases
2. Paris Court of Appeal, 1st Chamber – Section C, 6 January 2011 Mattei v Elf Neftegaz S.A
6. Cour de cassation, First Civil Chamber, 26 January 2011 Akthea v Encore Orthopedics
12. Cour de cassation, First Civil Chamber, 9 March 2011 S.A. CMA/CGM v Hyundaï Nipo Dockyard Co Ltd
15. Cour de cassation, Commercial Chamber, 27 April 2011 Wedi GmbH v Jean-François Sick
20. Paris Court of Appeal, 1st Chamber – Section C, 12 May 2011 ACCOR S.A.S v Inertraff S.A.R.L
22. Cour de cassation, First Civil Chamber, 18 May 2011 Mrs X v LAMB Caraïbes
23. Cour de cassation, First Civil Chamber, 1st June 2011 Pharmethica v Euronda
26. Cour de cassation, First Civil Chamber, 29 June 2011 Golan v Papillon Group corporation (PGC)
27. Cour de cassation, First Civil Chamber, 29 June 2011 EARL Poupardine v Smeg N.V
29. Cour de cassation, First Civil Chamber, 6 July 2011 Mr and Mrs. X v Mr Y
42. Cour de cassation, Social Chamber, 30 November 2011 Deloitte Conseil v Messrs. X and Y