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Paris Court of Appeal partially sets aside ICC award (Equatorial Guinea v Mr [C] & Bank [1])

Published on: 14 April 2022
Published by: LexisPSL
  • Paris Court of Appeal partially sets aside ICC award (Equatorial Guinea v Mr [C] & Bank [1])
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: In a recent judgment, the Paris Court of Appeal (the Court) partially set aside an ICC award, finding that the arbitral tribunal had exceeded its powers by ruling on an issue that was beyond the scope of the Terms of Reference (ToR) and the claimants’ submissions (the Judgment). The Court examined the claims included in the ToR and the claimants’ submissions and concluded that one of the tribunal’s findings dealt with a claim that was not in fact made. The Court further declined to address the allegations of fraudulent acts and violations of applicable liquidation rules, as the relevant parts of the award were already covered by the set aside decision. Written by Ketevan Betaneli, senior knowledge lawyer at Freshfields Bruckhaus Deringer. or take a trial to read the full analysis.

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