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French Cour de Cassation permits entirely new jurisdictional arguments at annulment stage of ICSID Additional Facility award (Schooner v Poland)

French Cour de Cassation permits entirely new jurisdictional arguments at annulment stage of ICSID Additional Facility award (Schooner v Poland)
Published on: 19 January 2021
Published by: LexisPSL
  • French Cour de Cassation permits entirely new jurisdictional arguments at annulment stage of ICSID Additional Facility award (Schooner v Poland)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: The French Cour de Cassation recently reversed a 2019 Paris Court of Appeal decision which upheld a 2015 Paris-seated International Centre for Settlement of Investment Disputes (ICSID) Additional Facility arbitration award whose setting aside had been sought before French courts. The French Cour de Cassation held that entirely new jurisdictional arguments, which had not been raised during the arbitration proceedings, were admissible at the annulment stage before French Courts. William Kirtley, partner, and Anastasia Tzevelekou, associate, at Aceris Law LLC reflect on the decision’s implications. or take a trial to read the full analysis.

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