Arbitral Digest

Matter

Oriental Republic of Uruguay v [L] [D], [A] [M], and [X] [M] (French Court of Cassation, First Civil Chamber, No. J 23-16.338)

  1. 6 August 2020Arbitration

    6 August 2020Arbitration

    Arbitral award of 6 August 2020

    Decision summary
    The arbitral tribunal declared itself incompetent ratione temporis.

    Supporting details

    4 participants
    Oriental Republic of Uruguay
    Ms [L] [D]
    Ms [A] [M]
    Mr [X] [M]

    4 years, 7 months and 27 days later · 1700 days

  2. 2 April 2025France

    2 April 2025France

    Judgment of the French Court of Cassation, First Civil Chamber, in case No. J 23-16.338 dated 2 April 2025

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation quashed in full the Paris Court of Appeal's judgment of 21 February 2023 and remanded the case to a differently composed panel. It held that the treaty's prior-state-court requirement concerned the admissibility of claims rather than arbitral jurisdiction, but that the Court of Appeal exceeded its annulment-review function by treating the investment-priority requirement as a merits rule and thereby revising the tribunal's temporal-jurisdiction finding.

    Supporting details

    3 authorities · 19 participants
    Oriental Republic of Uruguay
    Representative
    Dr [H] [Z] (For: Oriental Republic of Uruguay)
    Representative
    Mr [I] [Y] (For: Oriental Republic of Uruguay)
    Representative
    Mr [U] [G] (For: Oriental Republic of Uruguay)
    Representative
    SCP Alain Bénabent (For: Oriental Republic of Uruguay)
    Ms [L] [D]
    Representative
    SARL Ortscheidt (For: Ms [L] [D] · Ms [A] [M] · Mr [X] [M])
    Ms [A] [M]
    Representative
    SARL Ortscheidt (For: Ms [L] [D] · Ms [A] [M] · Mr [X] [M])
    Mr [X] [M]
    Representative
    SARL Ortscheidt (For: Ms [L] [D] · Ms [A] [M] · Mr [X] [M])
    French Court of Cassation, First Civil Chamber
    Advocate General
    M. Aparisi
    Other
    Court Reporter
    Mme Vignes

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • French Code of Judicial Organization
      statute
    • Convention between the Oriental Republic of Uruguay and the United Kingdom of Great Britain and Northern Ireland on the Promotion and Protection of Investments in Capital
      treaty

Matter record

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Oriental Republic of Uruguay v [L] [D], [A] [M], and [X] [M] (French Court of Cassation, First Civil Chamber, No. J 23-16.338) · Matter