Alexandre Reynaud and Antoine Cottin comment the decision of the French Cour de cassation, 1st Civ., 3 October 2019, Audi Volkswagen Middle East v. Saad Buzwair Automotive.

This ruling is of interest as it focuses on the arbitrators’ duty of disclosure (a trendy issue before the French courts, see e.g. the Paris Court of appeal’s decision dated 25 February 2020 in the Dommo case) and suggests that an arbitrator’s failure to disclose his or her law firm’s business ties with a party’s affiliate constitutes in itself a lack of independence and impartiality, without the need for the Court to analyse the significance of this relationship.

Link to the article:

https://www.labase-lextenso.fr/cahiers-de-larbitrage/CAPJIA2019-4-008