Rémi Sassine
Rémi Sassine is an associate in international arbitration at Clyde & Co’s Paris office. His practice focuses on commercial and investment arbitration, as well as cross-border litigation.
Rémi is admitted to the Paris Bar. He holds a Master's degree in Global Business Law and Governance from the University of Paris I Pantheon Sorbonne and the University of Melbourne, as well as a Master's degree in Private International Law from the University of Paris II Pantheon-Assas.”
Practice Area
Panel
- Contributing Author
Qualified Year
- 2021
Qualifications
- Master's degree in Global Business Law and Governance (2018)
- Master's degree in Private International Law (2017)
- Bachelor in Private Law (2016)
Education
- University of Paris I Pantheon Sorbonne and the University of Melbourne (2017-2018)
- University of Paris II Pantheon-Assas (2013-2017)
4 Contributions by Rémi Sassine
PRACTICE NOTES
France: Competence-competence, challenges to arbitral jurisdiction pre- and post-award, waiver, and enforcement of arbitration anti-suit injunctions (West Tankers; Gazprom)
This Practice Note outlines France’s approach to contesting the authority of arbitral tribunals before the French courts, as well as measures relating to anti-suit injunctions in the arbitration context. Please note that the French decisions cited below are not published by LexisNexis® UK...
Challenging the jurisdiction of arbitral tribunals in France
The applicable framework varies according to whether the objection is brought prior to, or following, the making of the arbitral award...
Challenging the jurisdiction of arbitral tribunals before the arbitral award is rendered
Under French law, until an award has been issued, it falls to the arbitral tribunal to decide if it has competence to adjudicate the dispute. This is the competence-competence principle. It is commonly viewed as comprising both a positive and a negative limb. Its positive limb is embodied in article 1465 of the French Code of Civil Procedure (FCCP), which states that the arbitral tribunal alone has exclusive power to rule on challenges to its own jurisdiction...
Arbitration
PRACTICE NOTES
Interim Remedies in France-Seated Arbitration: Tribunal Powers, Available Relief, Limitations and Enforcement as Awards
This Practice Note outlines the interim remedies available to arbitral tribunals seated in France. For analysis of measures obtainable from French courts in aid of arbitration, see Practice Note: Interim remedies granted by French courts in support of arbitration proceedings.
Power of arbitral tribunals seated in France to grant interim remedies
Article 1468, paragraph 1 of the French Code of Civil Procedure (FCCP) expressly vests arbitral tribunals seated in France with authority to order interim relief. It provides that a tribunal may, on terms it sets and, where necessary, backed by a fine, impose any conservatory or provisional measure it considers appropriate. On this basis, a tribunal may:
Order whatever interim remedy it judges suitable;
Determine the conditions governing that remedy;
Attach, if required, a penalty to secure the remedy’s effectiveness.
That said, article 1468, paragraph 1 FCCP carves out an important exception: tribunals lack jurisdiction to order conservatory attachments and judicial securities. The provision makes clear that only the State courts are competent to grant conservatory attachments and judicial securities...
Arbitration
PRACTICE NOTES
Recognition, Exequatur and Enforcement of International Arbitral Awards in France: Procedure, Public Policy, Appeals, Court Jurisdiction and Execution Measures
This Practice Note explains the steps and prerequisites necessary for securing recognition and enforcement of international arbitration awards in France, namely international arbitral awards made in France and those delivered abroad. Please note: the French decisions mentioned are not reported by LexisNexis® UK. The rules applicable to the recognition and enforcement of international arbitral awards appear in Book IV of the French Code of Civil Procedure (FCCP), which sets the legal framework. It outlines the procedure to follow in practice.
Procedure and conditions to obtain the recognition and enforcement of international arbitral awards in France
International arbitral awards are enforced through an enforcement order (ordonnance d’exequatur) granted by the judicial court (tribunal judiciaire) at the seat of the award for international awards made in France, or by the judicial court (tribunal judiciaire) of Paris for awards rendered overseas. The application is dealt with on an ex parte basis by the court.
Under Article 1514 FCCP, an international arbitral award shall be recognised and enforced in France provided that:
the applicant establishes the existence of the award; and
its recognition or enforcement is not plainly incompatible with international public policy
As regards the first requirement, the existence...
Arbitration
PRACTICE NOTES
State immunity in France-seated arbitration: jurisdiction and enforcement, waiver, Cour de Cassation case law, and the Sapin 2/FCCEP enforcement framework
This Practice Note examines how state immunity affects arbitration proceedings with their seat in France. For a broader overview of state immunity in arbitration, consult Practice Note: State immunity and arbitration—general considerations. For guidance across multiple jurisdictions, see the State immunity subtopic: State immunity—overview...
Note: the French authorities cited below are not reported by LexisNexis® UK...
The notion of state immunity in France: general principles
French law recognises two categories of state immunity:
State immunity from jurisdiction—this doctrine bars a court or tribunal from assuming jurisdiction over a state that enjoys such immunity. The applicable rules are developed through case law. French courts at times look to the United Nations Convention on Jurisdictional Immunities of States and Their Property dated 2 December 2004 as a persuasive point of reference...
State immunity from enforcement—this principle prevents a court or tribunal from enforcing an award or judgment against assets belonging to the immune state...
Arbitration
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