Dr. Friedrich NIGGEMANN has written an interesting contribution published with the German arbitration journal, SchiedsVZ.

26 September 2024
Friedrich NIGGEMANN

Dr. Friedrich NIGGEMANN, honorary lawyer, member of the German desk at Alerion avocats in Paris, has written an interesting contribution published with the German arbitration journal, SchiedsVZ.

« Turn of French case law in the application of public order »

The recent French case law on the application of international public order in the recognition of arbitral awards offers a wealth of cases, some of them spectacular. The focus is on proceedings in which allegations of bribery were made. The courts have significantly increased the level of review of arbitral awards. New factual and evidence submissions are permitted even in annulment proceedings. At the same time, “red flags” and presumptions of evidence have been used to get a grip on the often deliberately concealed actions. The article presents this development in comparison to the previous legal situation and shows that the unrest­ ricted possibility of new submissions in annulment proceedings undermines the finality of the arbitral awards. 

👉 Below please find the full article in German :

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