On 8 July 2009, the French Supreme Court rendered a decision confirming its position that the existence and the validity of an arbitration agreement should be determined primarily in light of the common intent of the parties (Société d’études et représentations navales et industrielles (SOERNI) et autres vs. Société Air Sea Broker limited (ASB), July [...] read more »
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Christophe von Krause
Posts by Christophe von Krause
International Arbitration and French Insolvency Proceedings: French Supreme Court Reiterates Importance of Public Policy
On May 6, 2009, the French Supreme Court rendered a decision relating to the consequences of insolvency proceedings commenced in France against a party to pending international arbitration proceedings (Jean X. v. International Company For Commercial Exchanges (Income), May 6, 2009, Case no. 08-10281).
A French company had signed three contracts for the sale of crystallized [...] read more »
Phoenix Action Ltd. v. The Czech Republic, ICSID Case No. ARB/06/5, Award of April 15, 2009 – Concept of investment under the ICSID Convention revisited
In a decision rendered on April 15, 2009, a three-member tribunal composed of Brigitte Stern as chairperson, Andreas Bucher and Juan Fernandez-Armesto rejected Phoenix Action Ltd’s (”Phoenix”) claims against the Czech Republic.
By way of background, Phoenix is an Israeli company which purchased two Czech companies, Benet Praha (”BP”) and Benet Group (”BG”), in 2002 while [...] read more »
Paris Court of Appeal Confirms Importance of Estoppel in International Arbitration
On October 9, 2008, the Paris Court of Appeal rendered two decisions confirming the importance of estoppel in international arbitration. See Merial SAS v. Klocke Verpackungs – Service GmbH, October 9, 2008, Case no. 07-06619; Marocaine des Loisirs v. France Quick SAS, October 9, 2008, Case no. 07-14539.
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