Valentine Chessa, Author at Kluwer Arbitration Blog

Impecuniosity And Denial Of Justice: Walking On Eggshells

Valentine Chessa, Nataliya Barysheva (Castaldi Partners)/November 15, 2016November 16, 2016 /1 Comment

The issues of impecuniosity and access to justice arise cyclically in different jurisdictions and under different forms. Recently, the debate has been raised again in France. On 24 May 2016, the Paris Court of Appeal quashed a decision of the French juge d’appui (judge acting in support of the arbitration) enjoining the ICC to reintroduce…

Arbitration, Burden of proof, Due process, Enforcement, Estoppel, France, Third Party

Non-Participating Parties and Burden of Proof: French Cour de Cassation Quashes a Paris Court of Appeal Decision Refusing Enforcement. Yukos Capital v. Tomskneft Case

Valentine Chessa (Castaldi Partners)/August 3, 2015 /Leave a comment

On 5 November 2014, the French Cour de Cassation, overruled a decision of the Paris Court of Appeal for having reversed the burden of proof in a case involving a non-participating party. With this victory before the French Supreme Court, Yukos Capital (“Yukos”) is one step closer to the enforcement of an arbitral award against…