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Arbitration weekly: assignee interventions in France, Canadian fraud defence, India’s Section 11 limitation, ICSID annulment report, UNCITRAL ISDS advisory centre, SCC 2023 caseload statistics

Published on: 11 April 2024

Published by a LexisNexis Arbitration expert
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In this issue:

  • International arbitration
  • Investment treaty arbitration
  • Institutional and ad hoc arbitration
  • Daily and weekly news alerts
  • New and updated content

International arbitration

France—third parties—enforcement proceedings—intervention

In India v Devas Shareholders and US Companies, the Paris Court of Appeal ruled on 13 February 2024 that entities not party to the arbitration (the US Companies), to whom the Devas shareholders had validly assigned their rights in the arbitral awards, were permitted to intervene in India’s appeal against the exequatur of those awards. This applied even though the relevant provisions of the French Code of Civil Procedure for enforcement and annulment do not expressly provide for such participation. More broadly, the decision confirms that, unless the arbitration agreement expressly limits or prohibits the transfer of rights to third parties, those subrogated to the rights of an original party may intervene in enforcement or annulment proceedings. See News Analysis: Assignees of an arbitral award may intervene in enforcement proceedings, Paris Court of Appeal rules (India v Devas Shareholders and US Companies), written by Yassine Alaoui, associate at Teynier Pic...

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