Jurisdiction(s):
United Kingdom

Paris Court of Appeal: annulment of awards for corruption in France requires serious, specific, corroborated evidence; hypothetical or unrelated claims fail; equality of arms challenge rejected

Published on: 08 November 2024

Published by a LexisNexis Arbitration expert

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Article summary

Tagidor Premium Investments SA & Others v GB Foods SA and GB Foods Africa Holding Company SL [RG 22/14437] Cour d'appel de Paris

What are the practical implications of this case?

To annul an arbitral award for breach of French international public policy arising from alleged corruption and money laundering, the breach must be established by a body of grave, precise and corroborative evidence. Accordingly, pointing only to a speculative possibility that French public policy could be infringed, or to merely conjectural indications of corrupt conduct, will not meet the threshold. In addition, where a party maintains that the principle of equality of arms—protected as part of the right to a fair trial—was not upheld by the tribunal, the courts will not second-guess the tribunal’s reasoning, save where that reasoning leaves one party in a materially inferior position compared with the other side. Put differently, compelling, specific and reinforcing material will suffice; speculative possibilities or unsubstantiated hints of wrongdoing do not.

What was the background?...

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