Simon Batifort and Marie-Claire Argac Publish “The Right to Raise New Arguments on Jurisdiction in Annulment Proceedings” in ICC Dispute Resolution Bulletin

Partner Simon Batifort and counsel Marie-Claire Argac have published an article on “The Right to Raise New Arguments on Jurisdiction in Annulment Proceedings” in the ICC Dispute Resolution Bulletin (2021, Issue 1).

Mr. Batifort and Ms. Argac discuss the decision rendered by the French Cour de Cassation on 2 December 2020, which overturned the Paris Court of Appeal’s decision upholding the award rendered in Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v Republic of Poland. In its decision, the Cour de Cassation found that a party has the right to raise new arguments concerning jurisdiction in annulment proceedings as long as the question of the arbitral tribunal’s jurisdiction was debated in the underlying arbitration. The article explores the immediate impact of the case and potential future consequences.

You can read the full article here.