21 KEY ARBITRATION DEVELOPMENTS FROM 2020
19. The International Chamber of the Court of Appeal of Paris renders its first decisions SWIPE
The International Commercial Chamber at the Paris Court of Appeals (ICCP-CA) was inaugurated in 2018, to handle international commercial disputes. It was designed to: • interpret international and foreign law • allow submission of evidence in English • enable increased testimonial evidence
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In 2020, the disputes handled by the ICCP-CA involved parties from 66 different countries, across all continents. 69% were European litigants. Source: 2020 Activity report of the ICCP-CA (bit.ly/ICCP-CA)
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The ICCP-CA’s jurisdiction naturally requires ruling on arbitration related matters, including: • Requests for the annulment of awards • Appeals against orders to enforce awards
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In 2020, rulings over requests for the annulment of awards and appeals against enforcement orders took, on average, 15 months to be issued.
Source: 2020 Activity report of the ICCP-CA (bit.ly/ICCP-CA)
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In 2020, the ICCP-CA issued its first landmark decisions, by clarifying the arbitrators’ disclosure duties.
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In line with the Cour de cassation case law, it reminded that an arbitrator would not be in breach of his disclosure duties for failing to disclose public and accessible circumstances which may affect the parties' perception of their independence or impartiality, prior to the initiation of arbitration proceedings.
(Cass. civ. 1, 3 October 2019, No. 18-15.756).
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It clarified that circumstances are not public and accessible where they require an in-depth review of the arbitrator’s website and clicking all the links relating to conferences the arbitrator has attended.
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Sources
25 February 2020, ICCP-CA, Dommo v. Enauta & Barra, n°19/07575; n°19/15816; n° 19/15817; n° 19/15818; n° 19/15819.
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Contact
Thibaud Roujou de Boubée Associate, Paris thibaud.roujoudeboubee@signaturelitigation.com
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