Arbitration, Counterclaims, Escalation clauses, France

(Gide Loyrette Nouel)/ /Leave a comment

In a judgment of 24 May 2017 (Biogaran v International Drug Development, case n° 15-25.457), the commercial chamber of the French Cour de Cassation (Supreme Court) considered the question of whether a counterclaimant is bound by the requirements of a “multi-tier” dispute resolution clause. The clause in question required the parties to mediate as a…

Arbitration, Jurisdiction of the arbitral tribunal, Multiple parties, Piercing the Corporate Veil, Supreme Court, Third Party

(Gide Loyrette Nouel)/ /Leave a comment

and Benjamin Ainsley Gill When seeking to extend an arbitration clause to a third party who is not a signatory to the clause, common law practitioners will often have resort to an argument that the corporate veil should be pierced – in other words, that the court or tribunal should disregard the separate legal identity…