What’s New in European Arbitration? - Dispute Resolution Journal - Vol. 69, No. 1

Stephan Wilske is a Partner in the dispute resolution division of Gleiss Lutz in Stuttgart, Germany and heads the firm’s International Arbitration Focus Group. He regularly acts as counsel and as an arbitrator in national and international arbitration proceedings. Isabelle Michou is a Partner in the International Arbitration Group of Herbert Smith Freehills in Paris, France. She regularly acts as an advocate in ad hoc and administered arbitration under the rules of the major arbitral institutions and the UNCITRAL Arbitration Rules. Todd J. Fox is a senior associate in the dispute resolution division of Gleiss Lutz in Stuttgart, Germany and regularly acts as counsel in international arbitration proceedings. Gerold Zeiler is a Partner in the dispute resolution practice of Schoenherr in Vienna, Austria and regularly acts as arbitrator and counsel. He is a guest contributor to this issue.

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Originally from Dispute Resolution Journal

RECENT DECISIONS BY NATIONAL COURTS

France. In Albata BV et a. c/ Cabinet Patrick Desbordes dated September 3, 2013 and numbered 12/08610, the Paris Court of Appeal once again vacated an arbitral award, ruling that an arbitrator who had based his decision on an argument which had not been raised by the parties, and which they had not been given an opportunity to argue, had exceeded his mission and violated due process (principe de la contradiction).

The applicants (the Respondents during the initial arbitration proceedings) were Albata BV (“Albata”), a company incorporated under the laws of the Netherlands, and its UK-incorporated subsidiaries, Greenblaze Limited, Eagleflag Limited, Bosworth Consultants Limited, Truelink Services Limited, Flowerwalk Limited and Coastwalk Limited (together the “Subsidiaries”). The Subsidiaries manage golf complexes acquired from a company called Blue Green.

Through an exchange of letters in August and September 2000, one of the Subsidiaries engaged the services of a firm of accountants, Cabinet Patrick Desbordes (“Desbordes”). The five other Subsidiaries later engaged the firm of accountants by separate letters. All six agreements (together the “2000 Contracts”) each contained an arbitration clause in the event of a dispute.