French International Arbitration Law Reports: 2012
French International Arbitration Law Reports: 2012 is the fifth 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.
The year 2012 is characterized by the fact that the decree no. 2011-48 of January 13, 2011 reforming the law of arbitration, began to be applied by the jurisprudence. It should be remembered that the new articles of the Code of Civil Procedure govern arbitration agreements and arbitration proceedings only after 1 May 2011, the date of entry into force of the new decree. Clearly, the courts have gradually become familiar with the new articles of the Code of Civil Procedure and the acclimatization has taken place without difficulty. Even though the jurisprudence applying the new decree has fallen far short of its cruising speed, in 2012 there are already some 20 decisions of judges on the merits that have covered the new provisions. Unsurprisingly, the articles most frequently applied are Articles 1456 CPC on the independence of the arbitrator, 1520 on the cases of the initiation of the action for annulment, and 1526 on provisional enforcement.
The most important element to be noted is that there is no evidence of any change in the case law with the interpretation of the earlier texts. Continuity is therefore ensured for the time being. This is a sign that the new decree holds the shock of confrontation with reality and that it is solid. We shall not be surprised at the enthusiasm it has enjoyed, both in France and abroad, where all the studies devoted to it have emphasized quality and avant-gardism.
Nevertheless, the courts continued their work in 2012 and issued a series of decisions reproduced here. They focus on four main issues: the validity of the arbitration agreement, which might be thought to have been resolved for a long time, but which, as it continues to expand, is constantly questioning in an unprecedented way; the independence of the arbitrator which, year after year, continues to fill the jurisprudence; the precise role of the arbitration center; and requests for the interim enforcement of international arbitral awards.
PDF of the Title Page and Tables of Contents and Cases
Table of Cases
8. Cour de cassation, First Civil Chamber, 29 February 2012 Groupe Canal plus v Parabole Réunion
29. Cour de cassation, First Civil Chamber, 4 July 2012 CSF v Mr. Jean François Tessler
31. Cour de cassation, First Civil Chamber, 10 October 2012 Tecso v Neoelectra Group
33. Paris Court of Appeal, 1st Chamber – Section C, 23 October 2012 Michel A. Chalhoub Inc. v Daum
45. Cour de cassation, First Civil Chamber, 19 December 2012 Apax v Morgan
48. Cour de cassation, First Civil Chamber, 19 December 2012 Anapham Inc. v CLL Pharma
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
8. Cour de cassation, First Civil Chamber, 29 February 2012 Groupe Canal plus v Parabole Réunion
29. Cour de cassation, First Civil Chamber, 4 July 2012 CSF v Mr. Jean François Tessler
31. Cour de cassation, First Civil Chamber, 10 October 2012 Tecso v Neoelectra Group
33. Paris Court of Appeal, 1st Chamber – Section C, 23 October 2012 Michel A. Chalhoub Inc. v Daum
45. Cour de cassation, First Civil Chamber, 19 December 2012 Apax v Morgan
48. Cour de cassation, First Civil Chamber, 19 December 2012 Anapham Inc. v CLL Pharma