- Paris Court of Appeal renders landmark decision on appointment and independence of arbitrators in Paris-seated arbitrations (PT Ventures v Vidatel)
- What was the background?
- What did the court decide?
- What are the practical implications of this case?
- Case details
Arbitration analysis: The International Chamber of the Paris Court of Appeal has rendered a decision PT Ventures v Vidatel with all the elements of a landmark decision for international arbitrations seated in Paris. The Paris Court of Appeal confirmed and clarified several legal principles regarding the nomination and independence of arbitrators. It confirmed that the International Chamber of Commerce (ICC) International Court of Arbitration (ICC Court) has the power to nominate all arbitrators if the contractually agreed method of constitution of the tribunal does not ensure equal treatment of the parties. In addition, the Paris Court of Appeal clarified that, once appointed, arbitrators have a duty to disclose facts, even if in the public domain, which may raise reasonable doubts as to their independence, without prejudice to the parties’ procedural duty of loyalty and promptness to raise any issues arising from such facts. This decision provides welcome clarifications and guidance to all stakeholders in Paris seated arbitration proceedings. Written by Christophe von Krause, partner, and Fadi Hajjar, associate, at White & Case LLP, Paris.
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