lack of jurisdiction

Aix en Provence Court of Appeal, 31 May 2018, IREM France v. Total Raffinage France and Tecnicas Reunidas, no. 17/23118, no. 17/23115 and no. 17/23114

Total Raffinage contracted with Tecnicas Reunidas regarding the engineering, construction and commissioning of a refinery. The construction contract provided for an ICC arbitration seated in Paris. Tecnicas Reunidas entered into a sub-contract with IREM, containing an ICC arbitration clause but with a seat in Madrid. In turn, IREM subcontracted some work to Montis. Montis commenced [...]

Ekaterina Grivnova 2018-07-02T14:49:59+00:00 May 31st, 2018|Aix-en-Provence Court of Appeal, Court of Appeal|0 Comments

Paris Court of Appeal, 29 May 2018, Priosma Limited v. E, no. 16/12944

Two brokerage firms, E, belonging to the COVEA group and KBS Ltd, entered into a co-brokerage agreement on 16 February 2011, which contained an arbitration clause. Following the transformation of the company KBS Ltd into Priosma Ltd, the COVEA group appointed this new company as the substitute of KBS Ltd in a letter dated 30 [...]

Ekaterina Grivnova 2018-06-27T20:40:59+00:00 May 29th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

Paris Court of Appeal, 29 May 2018, Federal State Unitary Enterprise Russian Satellite Communications Company v. Orion Satellite Communications and Céleste Financial Holding, no. 17/16484

By a contract of 4 October 2001, Russian State Enterprise Russian Satellite Communications Company (“RSCC”) sold 20 million shares of a French company Eutelsat to Orion Satellite Communications Inc. (“Orion”). The contract contained a UNCITRAL arbitration clause. On 11 March 2002, Orion sold to Geosat 3 the rights it held in the acquisition of these shares. [...]

Ekaterina Grivnova 2018-06-27T20:37:27+00:00 May 29th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

Swiss Federal tribunal, 1st Court of civil law, 28 May 2018, International Motorcycling Federation v. Kuwait Motor Sports Club, 4A_314/2017

The International Motorcycling Federation (“IMF”), the supreme authority on international motorcycling, is composed of national members, according to the principle “one country - one member”. In Kuwait, since 1980, the affiliated member is the Kuwait International Automobile Club (“KIAC”). In 1997, the national authorities approved the validity of another association, the Kuwait Motor Sports Club [...]

Ekaterina Grivnova 2018-07-02T15:24:28+00:00 May 28th, 2018|Swiss Federal Tribunal, Swiss jurisdictions|0 Comments

Aix-en-Provence Court of Appeal, 24 May 2018, Safina v. Transit Fruits and Getma Senegal, no. 15/21119

Transit Fruits, controlled by the Compagnie Fruitière Group, has entrusted the Senegalese company Getma Senegal with port handling, land transit and land transport services in Senegal, through a contract containing an arbitration clause. The dispute arose concerning the delay in positioning the containers requested by Safina to SEL, a company controlled by Compagnie Fruitière. The [...]

Ekaterina Grivnova 2018-06-27T20:32:58+00:00 May 24th, 2018|Aix-en-Provence Court of Appeal, Court of Appeal|0 Comments

Versailles Court of Appeal, 22 Mai 2018, STX France v. Chantiers de l’Atlantique, no. 18/00951

Aker Yards group approached the Alstom group in order to purchase its shipbuilding business assets. In 2006, a framework agreement including an arbitration clause was signed between certain companies of the groups. The appendixes of the framework agreement included the sale of the business assets. The assignee company had to pay a surcharge relating to [...]

Ekaterina Grivnova 2018-06-27T20:25:30+00:00 May 22nd, 2018|Court of Appeal, Versailles Court of Appeal|0 Comments

ICSID, 16 May 2018, Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain, no. ARB/14/1, Award

On 16 May 2018, an ICSID arbitral tribunal issued a final award on jurisdiction, merits and costs in favour of a Dutch investor against Spain. The dispute arose out of the Respondent’s reforms on the renewable energy market, undertaken from 2012 to 2014. All these regulatory modifications occurred after years of the State’s encouraging of [...]

Ekaterina Grivnova 2018-06-27T21:50:20+00:00 May 16th, 2018|ICSID, International awards|0 Comments

Paris Court of Appeal, 4 May 2018, Aperam Stainless France v. Mutares Holding-27 AG, no. 17/23095

By a contract dated 21 March 2017, the French company Aperam Stainless France (“Aperam”) sold to Mutares Holding-27 AG (“Mutares”), a German company, the entire share capital of a company and that of its subsidiary. The price was set at one euro, but the contract included a mechanism to adjust the final price thereafter. As [...]

Ekaterina Grivnova 2018-06-27T20:15:20+00:00 May 4th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

Versailles Court of Appeal, 3 May 2018, Association Francilienne de Comptable et de Conseil (“AF2C”) v. Pépinières Poulain, no. 17/02944

AF2C was to provide accounting services to Pépinières Poulain. By an order of the president of the Commercial Court of Pontoise, Pépinières Poulain was ordered to pay a sum corresponding to to AF2C’s invoices. Pépinières Poulain challenged the order for not having had recourse to arbitration as provided for by AF2C’s by-laws. The commercial court [...]

Ekaterina Grivnova 2018-06-27T20:11:23+00:00 May 3rd, 2018|Court of Appeal, Versailles Court of Appeal|0 Comments

Ad hoc Arbitral Tribunal, 6 April 2018, Dawood Rawat v. The Republic of Mauritius, PCA Case no. 2016-20

On 6 April 2018, an ad hoc arbitral tribunal finds that it lacks jurisdiction to hear Dawood Rawat’s claims, a French and Mauritian investor, who initiated proceedings against Mauritius under the 1973 French and Mauritius BIT (BIT). He sought at least one billion US dollars in compensation for alleged interferences with a banking and insurance [...]

Ekaterina Grivnova 2018-06-27T22:52:20+00:00 April 6th, 2018|ad hoc, International awards, PCA|0 Comments