French Supreme Court rules on burden of proof for breach of arbitral due process (Yukos Capital v Tomskneft)

February 05, 2015

Arbitration analysis: on 5 November 2014, the French Supreme Court (Cour de cassation) overturned a decision of the Paris Court of Appeal which refused to enforce an ICC award in favor of Yukos Capital  on the ground that the Respondent (Tomskneff) had been deprived of its right to be heard because it had not received a number of communications from the sole arbitrator. Tomskneff did not appear in the arbitration proceedings. In this article, Xavier Nyssen, partner in Dechert's International Arbitration practice, assesses the decision.

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