Arbitration Links - Linklaters
  • Author: Clément Fouchard

French Cour de Cassation puts an end to the “Tapie-saga”

01 November 2017 Clément Fouchard, Europe; France

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Earlier this year, the French Cour de Cassation brought the long-running “Tapie-saga” to an end. Mr Tapie and his former bank were in dispute over a 2008 arbitral award ordering the bank to pay Mr Tapie over €400 million in damages. This award was successfully challenged by the bank before the Paris Court of Appeal in 2015 which annulled the decision on the basis of fraud. The Cour de Cassation confirmed the decision of the Paris Court of Appeal.

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Paris Court of Appeal sets aside ECT arbitration award

03 October 2017 Clément Fouchard, France

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The French courts have had very few opportunities to rule on the setting aside of an investment treaty arbitration award. For this reason, the decision of the Paris Court of Appeal in Moldova v société Komstroy (Court d'appel de Paris, Pôle 1- Chambre 1, République de Moldavie v société Komstroy, 12 avril 2016, n°13/22531) is of great interest. It deals with the degree of control over an investment arbitration award by the French courts and the definition of the legal concept of investment in the Energy Charter Treaty (ECT).

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