Powered by Lexis+®
Jurisdiction(s):
United Kingdom

French annulment proceedings: Paris Court of Appeal demands early identification of operative heads, applies narrow Article 1520 CCP review, penalises late reopening tactics, increases adverse costs ([L] v [Y] [V])

Published on: 05 February 2026

Published by a LexisNexis Arbitration expert
Legal News
imgtext
Article summary

What are the practical implications of this case?

This ruling distils several concrete lessons for practice.

  • It emphasises the strict procedural framework for annulment. Within the statutory window—five months for foreign parties and three months for others, typically with the first appeal submissions—applicants must pinpoint the exact operative heads (‘chefs décisoires’) they contest. Broad, catch‑all wording will not suffice, and any later effort to widen the challenge will be ruled inadmissible. Practitioners should therefore front‑load their case and draft with rigour from the outset of the appeal.
  • The court also confirms the narrow reach of review under Article 1520 of the French Code of Civil Procedure (the CCP). Allegations of due process breaches, excess of mandate, or infringement of international public policy will not succeed where they merely repackage disagreements with the tribunal’s contractual interpretation, evaluation of evidence, or reasoning. The set‑aside court will not revisit the merits, so counsel should avoid characterising substantive disputes as procedural defects...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow