Cour de cassation, 13 December 2017, Equatorial Guinea v. Commercial Bank Guinea Ecuatorial, no. 16-12943

Equatorial Guinea was ordered by an arbitral tribunal to pay various sums to a bank. In 2012 the parties signed a settlement agreement over the dispute. The bank nevertheless tried to attach an aircraft owned by Guinea and held by a third party using the award. The bank had no standing to execute a title [...]

2018-01-14T23:04:04+01:00December 13th, 2017|Cour de cassation|0 Comments

Paris Court of Appeal, 17 October 2017, Polowanie, STB H20, SM2G and TWF v. NOV, no. 15/13696

The parties entered into a contract for the sale of shares and business assets, which contained an arbitration clause. The sale gave rise to the warranty claims that were settled between the parties. The settlement agreement dealt with “all existing accounts, claims, disputes and liabilities (...) in relation to the [contract]” and contained a jurisdiction [...]

Settlement, 30 August 2017, Pearl Petroleum & Dana Gas and Crescent v. Kurdistan

According to a press release, the settlement of a four-year-long LCIA arbitration was announced last Wednesday, 30 August, between Kurdistan and an United Arab Emirates consortium consisting of Pearl Petroleum and its parent companies Dana Gas & Crescent. The consortium had initiated arbitration in 2013 to clarify its rights under a product sharing agreement for [...]

2018-01-14T19:19:44+01:00August 30th, 2017|Settlement|0 Comments

Settlement, 19 July 2017, Total v. Argentine Republic (following the ICSID case ARB/04/01)

ICSID Tribunal had ruled, in February 2016, in favour of Total in a case against the Argentine Republic (pertaining to the losses suffered in electricity distribution projects in Buenos Aires and hydroelectric and natural gas plants in the province of Neuquen). A settlement was signed on 19 July, 2017. The Argentine Republic commited itself to [...]

2018-01-14T19:23:14+01:00July 19th, 2017|Settlement|0 Comments

Cour d’appel de Paris, 23 mai 2017, no. 15/24578

- Si les contestations relatives à l’assiette, au quantum ou à l’exigibilité de l’impôt échappent par nature à l’arbitrage, il n’en va pas de même des litiges portant sur la mise en œuvre d’une convention par laquelle les parties répartissent entre elles la charge des taxes engendrées par leurs rapports de droit. Pour autant, un [...]

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