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Paris Court of Appeal issues a landmark decision regarding the improper constitution of an arbitral tribunal

  • France

    26-03-2021

    On 23 March 2021, the international division of the Paris Court of Appeal issued a much-awaited decision in the D.S. Construction v. State of Libya OIC arbitration proceedings.

    The State of Libya was represented before the Court by Eversheds Sutherland Paris.

    In this case, D.S. Construction sought to resort to the PCA for constituting the arbitral tribunal. The Court found that the PCA’s intervention was not contemplated by the OIC Agreement and never agreed by Libya. The Court accordingly held that the arbitral tribunal was improperly constituted.

    This landmark judgement serves as a strong reminder that the arbitration process is, above all, rooted in the consent of the parties.

    Click here to read the full article published in GAR:

    Rémi Kleiman, Senior Office Partner
    Nanette Pilkington, Principal Associate
    Sarah Monnerville Smith, Senior Associate
    Jeremy Record, Associate
    Léa Jagou, Associate
    Valentin Leveque, Associate

    This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

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