Before dissolving a company, arbitrators should make sure that the company itself is a party to the arbitration proceedings.
In a recent case the Paris Court of Appeal judged that the failure to summon a company whose dissolution is requested renders the award null and void. While this solution may not come as a surprise, the fact that this requirement is based on international public policy is a novelty. This case highlights the need to clarify arbitrators’ powers in the context of companies’ corporate lives.
ASA Bulletin