FRANCE: Decision quashed after court inappropriately applies estoppel

Tuesday, 27 April 2010

The French Court of Cassation has ruled that a lower court inappropriately applied estoppel in refusing to set aside an ICC award in Merial v Klocke Verpackungs (Civil 1st Chamber, 3 February 2010). Isabelle Michou, a partner at Herbert Smith in Paris, says the decision is “unsurprising” in light of the parties’ behaviour in this case.

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