- Trends from the Paris Court of Appeal on arbitrators’ duty of disclosure—lessons from the PRIDE case and the Billionaire case
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Reasonable doubt
- Case details
Arbitration analysis: In two decisions dated 17 May 2022, the PRIDE case and the Billionaire case, the Paris Court of Appeal dismissed two claims for annulment of an award, which were based on an arbitrator’s alleged breach of its duty of disclosure—a component of the arbitral tribunal’s duty of independence and impartiality. This outcome is not surprising, since the French courts rarely annul awards, and even more so on the basis of an arbitrator’s lack of independence and impartiality. However, these two decisions provide insights into the ever-evolving position of the Paris Court on the conditions to challenge an award on this basis. Read together with other recent decisions of the court, they will provide helpful guidance to navigate the arbitral tribunal’s duties, but give little hope for parties wishing to challenge an arbitrator for lack of independence, if the alleged circumstances go back in time and are deemed academic. Written by Flore Poloni, partner & Kimberley Bazelais, associate at Signature Litigation.
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