Xavier Nyssen

Xavier Nyssen is the immediate past Co-Chair of Dechert’s international dispute resolution practice. Since 1988, he has concentrated his practice in international arbitration and complex litigations, especially in the telecom, energy and pharmaceutical sectors.

He has acted as counsel in numerous arbitrations whether ad hoc or under the rules of the International Chamber of Commerce (ICC), the London Court for International Arbitration (LCIA) or the European Development Fund (FED). He is also well versed in proceedings for the enforcement and the annulment of arbitration awards and occasionally acts as arbitrator.

Mr. Nyssen also regularly advises foreign companies on procedures to collect evidence and to enforce foreign judgments and arbitration awards in France.

Before joining Dechert in 2005, he worked in New York and Brussels and was co-managing partner of the Paris office of an international law firm, where he was responsible for the Litigation department.

Mr. Nyssen has been consistently recognized by both Chambers Europe and Chambers Global for his "strong track record on arbitrations in the energy, pharmaceuticals and telecommunications sectors." He is listed in The Legal 500 France and Décideurs Stratégie Finance Droit. Sources described him as a client-oriented, technically gifted and creative practitioner who provides "very high-level advice on complex matters." In 2017, he was listed as a leading lawyer by The Who's Who Legal: France - Arbitration.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 1992

Membership

  • Advisory Board, Institute for Transnational Arbitration
  • Former Member of the Litigation Committee, International Bar Association
  • Belgian Center for Mediation and Arbitration (CEPANI)

Qualification

  • Brussels, Paris and New York

Education

  • Columbia Law School, LL.M.
  • University of Lige, M.A.

1 Contributions by Xavier Nyssen

France: Challenging Domestic and International Arbitral Awards—Appeals, Annulment, Exequatur, Third-party Actions, Revision for Fraud and International Public Policy under the French Code of Civil Procedure
PRACTICE NOTES
France: Challenging Domestic and International Arbitral Awards—Appeals, Annulment, Exequatur, Third-party Actions, Revision for Fraud and International Public Policy under the French Code of Civil Procedure
Note: the French cases cited below are not all reported by LexisNexis®. French legal framework France has long had a reputation as an arbitration‑friendly venue, with narrowly tailored grounds for contesting arbitral awards; however, some observers discern in recent rulings a movement towards tighter judicial scrutiny of awards on matters of international public policy. The applicable rules sit in Decree No 2011–48 of 13 January 2011, which took effect on 1 May 2011, and are codified in Book IV of the French Code of Civil Procedure (CCP). Distinct regimes govern domestic and international awards. In practice, the two frameworks operate separately, reflecting the nature of the underlying dispute. Under this scheme, procedures and remedies are carefully tailored accordingly. Although both categories of award can be annulled on limited bases, only domestic awards are open to appeal. Additional avenues of challenge to awards exist subject to particular conditions. Domestic arbitral awards Under Article 1504 CCP, international arbitration is defined as arbitration that engages the interests of international trade. Conversely, proceedings are treated as domestic where the interests of international commerce are not implicated. The French courts have repeatedly decided that an arbitral award is considered international when the dispute stems from...
Arbitration
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