ANTISUIT INJUNCTIONS IN FRANCE Christian Bouckaert Alexis Valenon

ANTI-SUIT INJUNCTIONS IN FRANCE Christian Bouckaert & Alexis Valençon Bouckaert Ormen Passemard Sportes Cabinet BOPS AIDA Reinsurance Working Party Istanbul, May 3, 2012

ANTI-SUIT INJUNCTIONS IN FRANCE 1. The careful approach of French Courts i. Banque Worms (2002) ii. In Zone Brands (2009) 2. The arbitration-friendly approach of French Courts i. LVL Finance (2004) ii. Equatorial Guinea (2010) 2

1. THE CAREFUL APPROACH OF FRENCH COURTS i. Banque Worms (19 Nov. 2002) • Introduction into French law of the common law concept of anti-suit injunctions. • To our knowledge, the only anti-suit injunction ever ordered by a French court. • But limited scope. 3

1. THE CAREFUL APPROACH OF FRENCH COURTS (CONT. ) ii. In Zone Brands (14 Oct. 2009) • Recognition of an anti-suit injunction ordered by a US court. • 3 conditions : ü Absence of fraud ü Sufficient link between the dispute and the foreign judge ü International public policy 4

1. THE CAREFUL APPROACH OF FRENCH COURTS (CONT. ) ii. In Zone Brands (14 Oct. 2009) ü International public policy (3 rd condition) : - Access to the judge. - Sanction of the violation of a contractual obligation. - International conventions / European Law (West Tankers) did not apply. 5

1. THE CAREFUL APPROACH OF FRENCH COURTS (CONT. ) ii. In Zone Brands (14 Oct. 2009) • Based on the autonomy of the will of the parties → extension to arbitration clauses. 6

2. THE ARBITRATION-FRIENDLY APPROACH OF FRENCH COURTS i. LVL Finance (24 June 2004) → French court refuses to order the stay of an ongoing arbitration. ii. Equatorial Guinea (29 March 2010) → Principle of non-interference. 7

AIDA Reinsurance Working Party Istanbul, May 3, 2012 THANK YOU FOR YOUR ATTENTION ! Christian Bouckaert & Alexis Valençon Bouckaert Ormen Passemard Sportes – Cabinet BOPS 47, rue Dumont d’Urville – 75116 Paris Tel: +33. 170. 37. 39. 00 – Fax: +33. 170. 37. 39. 01 8