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
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…