Cour de Cassation, civil division, 28 June 2018, Total Outre-mer v. Mr. X., no. 17-17340

The company Total Outre-mer and Mr. X. are shareholders of the Algerian company Total Bitumes Algeria. They are bound by a shareholders’ agreement containing an option for Total Outre-mer to acquire the shares of minority shareholders in the event of disagreement. This agreement contains an arbitration clause. An arbitral award of 9 June 2009 ordered [...]

2018-08-06T21:33:11+00:00 June 28th, 2018|Cour de cassation|0 Comments

Paris Court of Appeal, 24 May 2018, Mr. B. C. v. Company Autoridad del Canal de Panama and Standard Chartered Bank, no. 17/08685

On 24 May 2018, the Paris Court of Appeal confirms the judgment lifting the attachment order obtained by Mr. Laurent Parienti pursuant to the arbitral award rendered in his favor against the Panama Republic and the Panama Canal Authority. To enforce this award, the investor had seized the accounts of the Panama Canal Authority at [...]

Paris Court of Appeal, 24 May 2018, Mr. and Mrs. A. v. Cerner Middle East Ltd, no. 17/10643

By an arbitral award, Mr. and Mrs. A. and Icapital Llc were ordered to pay a certain sum to Cerner Middle East. Cerner Middle East obtained attachments on the basis of the award. An annulment proceeding brought against that award is pending. The pre-trial counselor of the Paris Court of Appeal suspended the provisional execution of [...]

Paris Court of Appeal, 9 May 2018, Commissions Import Export (Commisimpex) v. Republic of Congo and Air France, no. 17/06024

By two arbitral awards dated 3 December 2000 and 21 January 2013, the Democratic Republic of the Congo was ordered to pay to the company Commisimpex (“Commisimpex”) the total amount of 986,000,000.00 euros (respectively 232,000,000.00 and 754,000,000.00 euros). The enforceability of these awards had been recognized in France. By order dated 14 November 2016, Commisimpex [...]

Versailles Court of Appeal, 22 February 2018, Republic of Congo v. Commisimpex, no. 17/00283

Following last January’s departure from its case law, the Versailles Appeal Court, mentioning the provisions of Sapin II act relating to execution immunities, stated that the Republic of Congo had serious grounds of annulment or reversal of the decision that dismissed its request for cancellation of an attachment, even if these provisions were not applicable [...]

Lyon Court of Appeal, 15 February 2018, le sheikh A. Faisal B. v. Credit Foncier de France, no. 17/08585

Under a contract dated 10 July 2008, Sheikh Faisal personally guaranteed for a loan given by the Crédit Foncier for his company Gulf Leaders in the construction of a hospital in Saudi Arabia. Under a dispute, two arbitration proceedings have been initiated, one on the loan contract, the other on the contract of guarantee, before [...]

2018-03-04T22:10:33+00:00 February 15th, 2018|Court of Appeal, Lyon Court of Appeal|0 Comments

Paris Court of Appeal, 24 January 2018, Congo v. Commisimpex, no. 17/13173 & no. 17/09485, procedural orders

By two ICC awards Congo was ordered to pay various sums to Commisimpex. Commisimpex requested therefore an attachment of the tax debt that EDF Africa Services (French company), owed the Republic of Congo. Congo brought proceedings before the execution judge to obtain the nullity and release of the attachment. The request was rejected. Congo appealed [...]

2018-02-18T20:34:45+00:00 January 24th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

Cour de cassation, Civ. 1, 10 January 2018 and 24 January 2018, Congo v. Commisimpex, no. 16-22494 & no. 16-16511

Following the exequatur of two awards, Commisimpex company proceeded to two levies of attachment against Republic of Congo and one of its emanations. The State previously committed itself to waive its immunity for jurisdiction and execution. Trial judges dismissed Congo’s application to set aside the attachment, stating that customary international law only required an express [...]

2018-02-12T08:07:09+00:00 January 10th, 2018|Cour de cassation|0 Comments

Paris Court of Appeal, 22 November 2017, no. 17/07342

It is possible to request an interim measure to obtain information in order to facilitate the enforcement of an award, which has become enforceable in France, under Articles 809 and 812 of the French Code of Civil Procedure, before a “motion” judge. This is justified by the fact that the arbitral tribunal ruled on all [...]

2018-01-14T22:25:46+00:00 November 22nd, 2017|Court of Appeal, Paris Court of Appeal|0 Comments

UK Supreme Court, 25 October 2017, Taurus Petroleum v. State Oil Marketing Company of the Ministry of Oil (SOMO), Republic of Iraq, [2017] UKSC 64

An award rendered against SOMO was not ratified before the Iraqi Courts (seat of arbitration was in Baghdad), yet, Taurus sought to enforce the award in the UK. The Supreme Court validated the attachment of the payment that a third party owes to SOMO and appointment of a receiver as a way of award enforcement.

2018-01-14T20:31:20+00:00 October 25th, 2017|UK jurisdictions, UK Supreme Court|0 Comments