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

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

3. 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.

4. 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 :
Absence of fraud
Sufficient link between the dispute and the foreign judge
International public policy

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

6. 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.

7. 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.

8. 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 – Paris
Tel: – Fax: