Aurélien Zuber participated as a speaker on 16 March 2023 at the ICC DRS Africa Yaounde Conference on the prevention and resolution of disputes in infrastructure, mining and energy projects. In particular, his intervention focused on the topic of the prevention and management of contractual risks in major projects. Organised at the occasion of the centenary of the ICC International Court of Arbitration, Aurélien had the opportunity to analyse the challenges of contract management, one of Medici's core activities, and to share his experience in this respect.

This speaking engagement followed the one he had on 10 March 2023 in Ivory Coast during the Abidjan Arbitration Day organised by ICC YAAF and for which he intervened on the enforcement of arbitral awards in the OHADA region, another of Medici's main areas of practice.

Decision of the French Court of Cassation, Pole 01 - Civil Chamber 01, February 1, 2023, No. 21-25.024.

🔊 The judgment of the French Court of Cassation dated February 1, 2023 (n°21-25.024), related to a case in which the contract contained a multi-tiered dispute resolution clause providing for mediation and, in case of failure to settle, for arbitration. However, the claimants referred the matter to the arbitral tribunal without complying with the mediation prerequisite. In a partial award dated September 10, 2018, the arbitral tribunal declared that it had jurisdiction to decide on all the claims brought before it, while (i) noting that the dispute fell within the scope of the mediation clause and (ii) inviting the parties to initiate a mediation procedure in parallel to the arbitration procedure.

On November 23, 2021 (No. 18/22099), annulment proceedings were initiated before the Paris Court of Appeal based on the lack of jurisdiction of the arbitral tribunal due to the failure to comply with the pre-arbitration mediation clause.

❓ Does the non-compliance with a pre-arbitration mediation clause fall within the purview of the French annulment judge to control whether an arbitral tribunal wrongly upheld or declined jurisdiction?

❌ The previous answer provided by French case law was “No”. Indeed, French judges considered that the defense based on a breach of a mandatory pre-arbitration mediation clause did not constitute an objection to the jurisdiction of an arbitral tribunal, but was a matter of inadmissibility of the claim, and therefore was not subject to the control of jurisdiction exercised by the annulment judge. As a consequence, it was not considered as a relevant ground justifying the annulment of an arbitral award (CA Paris June 28, 2016 - No. 15/03504, January 29, 2019- No. 16/20822, May 25, 2021- No. 18/27648).

🤔 However, in the case at stake, the Court of Appeal, in a decision of November 23, 2021, answered surprisingly “Yes”: it held that the non-compliance with the pre-arbitration mediation clause was “not, in this case, a matter of inadmissibility falling within the assessment of the Court of Appeal but constituted a factual circumstance of the case that had to be taken into account to assess the violation of Article 1492, 1°, of the French Code of Civil Procedure”.

❌ Ultimately, the answer remains “No” for the Court of Cassation. In its judgment of February 1, 2023 (21-25.024), it indeed confirmed in a brief recital that “the failure to comply with a mediation clause is a question of admissibility and not of jurisdiction and thus, the Court of Appeal violated the aforementioned text”.

Valence Borgia, partner at Medici Law firm, spoke on 25 January 2023 at the annual ceremony against ordinary sexism in business organised by the French Association of Diversity Managers (AFMD) in partnership with the teams of the Ministry of Economy, Finance and Industrial and Digital Sovereignty.

Launched in 2018, the #StOpE initiative, under the high patronage of Isabelle Rome, Minister Delegate in charge of Equality between women and men, aims to pool energies in order to fight against ordinary sexism in companies and to spread actions on this subject. Today, more than 200 companies are signatories to the project.

During her speech, Valence Borgia highlighted the importance of the law in the fight against sexism by presenting the various victories of the Women's Foundation's (Fondation des Femmes) Legal Force, an association of which she is a board member.

You can watch Valence's intervention here.

Valence Borgia, partner at Medici law firm, intervened on 25 April 2022 during episode 6 of the podcast "Great figures of women of justice" on the feminization of the legal profession in the company of the director of the Ecole Nationale de la Magistrature, Nathalie Roret.

During these exchanges, it was noted that despite the major feminisation of the legal profession, many inequalities persist, particularly income inequalities. Thus, Valence Borgia was able to talk about her experience within the Bar Council to fight against sexism and to make the profession evolve in a more equal way.

Click here to listen to the podcast.

Medici continues its growth with the arrival of Eliza Seran, who has joined the firm as an associate.

Eliza brings a deep legal expertise in both international commercial and investment arbitration. She has been involved in complex international matters across different jurisdictions and in various industries, including the construction, insurance and telecom sectors. She has assisted multiple African States, public entities and companies in arbitration proceedings and in challenging arbitral awards. Additionally, she has an extensive expertise in drafting and negotiating contracts, with a particular focus on public-private partnerships (PPP).

Prior to joining Medici, Eliza practiced in the fields of international arbitration and infrastructure projects for five years in a leading international law firm in Paris. She also previously worked for multinational companies acting in the insurance and pharmaceutical industries.

Eliza is a member of the Paris Bar and holds a Master in International Business and Tax Law from the Sorbonne and law degrees from the Sorbonne and the University of Bucharest. She has also studied at the Aix-Marseille University.

Medici is proud to report that its partners have once again been recognized by the prestigious Who’s Who Legal – Arbitration, edition 2023.

Caroline Duclercq is listed in the "Leader" category (National Guide) as a "Recommended Practitioner" while Marie-Laure Bizeau and Valence Borgia are once again listed among the "Future Leaders" (Global Guide). Valence Borgia is acclaimed for her “clarity, reactivity, pragmatism and business sense,” as well as her “ability to build a sharp and strong argument”.

These individual distinctions result from a collective effort and the dedication of each of the members of the firm. Medici wishes to warmly thank its clients and peers for their confidence and recommendations.

Links:

• Marie-Laure Bizeau https://whoswholegal.com/marie-laure-bizeau

• Valence Borgia https://whoswholegal.com/valence-borgia

• Caroline Duclercq https://whoswholegal.com/caroline-duclercq

• Global ranking https://whoswholegal.com/market-insight-tool?&practitioner=1&practicearea=46&regionid=8&countryid=250&sortby=1

Medici continues its growth with the arrival of Aurélien Zuber, a former Counsel at the International Court of Arbitration of the International Chamber of Commerce (ICC), who has joined the firm to reinforce its international arbitration practice.

Aurélien Zuber is admitted to the New York and Paris Bars and his areas of practice include commercial and investment disputes with a particular focus on matters involving states and African parties. Before joining Medici, Aurélien Zuber acted as Counsel at the International Court of Arbitration of the ICC for five years where he led the francophone and common law teams successively. In this capacity, he has supervised and administered several hundred ICC arbitrations, as well as performed the scrutiny of more than a hundred awards. Beforehand, Aurélien practiced international arbitration in several law firms in Paris specialized in the field. Aurélien holds an LL.M. from Duke University School of Law, a Master of Laws in Litigation, Arbitration, and Alternative Dispute Resolution from University of Paris II – Pantheon Assas and a Master of Laws in French and Anglo-American Business Law from University of Paris X – Paris Ouest Nanterre La Defense. He has regularly intervened as a speaker in conferences and as a lecturer in several university programs.

Caroline Duclercq, partner at Medici, will speak, on December, 16, 2022, about "Third party funding in  arbitration" at the Maghreb Arbitration Days held in Tunis on December 15 and 16, 2022, in partnership with the International Chamber of Commerce and the Ifriqya Arbitration Forum.

Read more

Marie-Laure Bizeau, partner at Medici, and Marie Morier, associate at Medici, will lead the "MARDis du CMAP" of next Tuesday, November 22^nd. The conference (held in French) will focus on lawyers’ ethics in arbitration. It will be held remotely and in person from 8:30 a.m. to 10:30 a.m. at the CMAP’s premises, 39 Avenue Franklin Roosevelt, 75008 France.

The following topics will be discussed:

- Under what circumstances are ethics likely to be relevant in arbitration?

- How to react to the breach of ethical rules in the context of an arbitral procedure?

- Does the arbitral tribunal have to/should rule on counsel professional conduct and compliance with ethical rules?

This presentation will be followed by a Q&A session.

Do not hesitate to register here!

Caroline Duclercq has been appointed as French Delegate to the International Chamber of Commerce Commission on Arbitration and ADR. The Commission's mission is to gather international expertise in arbitration and ADR within the ICC network to provide thought leadership in accordance with the strategic objectives of ICC Dispute Resolution Services. Find out more about the Commission: Commission on Arbitration and ADR - ICC - International Chamber of Commerce (iccwbo.org).