French Conseil d’Etat Annuls ICC Award for Failure to Apply Domestic Administrative Law Rule

6 December 2016
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Key takeaways

  • The French Conseil d’Etat, France’s highest administrative court, has set aside an international arbitral award for the first time, setting out a new scope for its control over awards involving State entities.
  • Arbitral awards involving mandatory rules of public law fall under the jurisdiction of the administrative (not civil) courts and may be annulled for failure to apply a mandatory rule of French public law.