ARBITRATION LITIGATION

The partners of the firm have a solid experience in litigation related to arbitral proceedings and in particular in annulment proceedings, litigation concerning the composition of the arbitral tribunal ("juge d'appui", withdrawal, etc.), the liability of the various actors of the arbitration (arbitrators and institutions) as well as the enforcement of arbitral awards.

ANNULMENT PROCEEDINGS

• Counsel to a French company in an action for annulment of an award for breach of the adversarial principle and ultra petita award; partial annulment;

• Counsel to a third party funder in an action to set aside a partial award on jurisdiction ratione personae in which the arbitral tribunal declined its jurisdiction over the third party funder;

• Counsel to a Swiss company and a Cameroonian national in an action to set aside a final award on the grounds of violation of international public policy relating to insolvency proceedings;

• Counsel to an UAE company against a Libyan company in annulment proceedings initiated against an ICC award > See article in GAR :  Enforcement of Libyan oil award stayed in Paris;
  

• Counsel to a Qatari company against an UAE company in annulment proceedings initiated against an ICC award > See article in GAR : Audi Volkswagen award set aside in Paris ainsi que French court upholds annulment over law firm conflict;
  

• Counsel to a French company against two other French companies in annulment proceedings initiated against an ICC award relating to a licence agreement, based on violation of due process and equality between the parties;
  

• Counsel to a French company against another French company in proceedings for annulment an ICC award based on the violation of due process and public policy;
  

• Counsel to a Moroccan company against an English company in proceedings for annulment of an ICC award based on violation of public policy;
  

• Counsel to a Moroccan company against a German company in proceedings for annulment of a ICC award based on lack of independence and impartiality; 
  

• Counsel to a Tunisian company in proceedings for annulment of an ICC award relating to a contract for the purchase of industrial machinery between the Tunisian company and a German company;
  

• Counsel in proceedings for the annulment of an award relating to a construction contract for breach of the duty of disclosure and notorious facts;
  

• Counsel to a British company against Uzbekistan in proceedings for partial annulment of an investment arbitration award;
  

• Counsel to an Tunisian company against the Republic of Gabon in proceedings for partial annulment of an investment arbitration award;
  

• Counsel to an Iraqi company against a French company in annulment proceedings initiated against an ICC award;
  

• Counsel to an Iranian company against an Italian company in annulment proceedings initiated against an ICC award;
  

• Counsel to a French company against a Tunisian company in annulment proceedings initiated against an ICC award;
  

• Counsel to a Dutch company against a Germany company in annulment proceedings initiated against an ad hoc arbitration award.

DISPUTES CONCERNING THE COMPOSITION OF THE ARBITRAL TRIBUNAL

• Counsel to an UAE company in proceedings before the French "juge d'appui" in order to compel the defending State to appoint an arbitrator in an investment arbitration;
  

• Counsel to a group of partners in the context of a dispute with their former partners before the "juge d'appui" in order to oppose the application for the disqualification of an arbitrator already rejected by the centre in charge of the arbitration administration.

ENFORCEMENT OF AWARD

• Advising a French company in a complex cross-border enforcement strategy for an arbitral award, involving coordinated proceedings in the United Kingdom and Morocco against an English company and the Moroccan branch of its Jersey-incorporated subsidiary;
  

• Counsel to a Swiss company and a Cameroonian national for the enforcement of two arbitral awards in Paris, Switzerland and Cameroon: bank seizures, third party debtors and trademark seizures;

• Counsel to a French company for the enforcement in Mauritius of an ICC award in relation to a hostelry management contract for three new-built hotels; 

• Counsel to an American company for the enforcement of an award issued against a French and Israeli company: exequatur, seizures, conciliation as part of the Covid statutory provisions and negociations of a settlement agreement;

• Enforcement in France of an arbitral award against French companies operating in the pharmaceutical field.

ARBITRATORS’ LIABILITY

• Proceedings against an Arbitral Tribunal before French courts following the setting aside of an ICC award;
  

• Proceedings against an arbitrator before French courts following the setting aside of an ICC award for breach of  his disclosure obligation;
  

• Representation and assistance of arbitrators and arbitration institutions in post-arbitration liability disputes.