2016 | Diciembre 23
On 9 November 2016 and for the first time, the French State Council (Conseil d’Etat) set aside an international arbitral award. The award related to a public contract performed in France. The award was partially set aside on the ground that the arbitral tribunal failed to apply a mandatory rule of domestic French public law.
The decision of the Conseil d’Etat comes after an intriguing battle as to which of France’s highest appellate courts should have jurisdiction to determine the challenge made to the arbitral award in question.