A European Kiobel? The Court of Appeal at Versailles in AFPS and PLO v Alstom

gavc law - geert van calster

Elise Maes reported earlier in June on the judgment of the Court of Appeal at Versailles in AFPS and PLO v Alstom. Ms Maes flags a number of interesting issues which I shall not repeat here for readers can review Elise’s paper for themselves. In particular, the comparison between the USSC ruling in Kiobel, and the current ruling by the Versailles Court of Appeal.

The judgment provides plenty of issues to ponder for comparative contract law; international law; private law; and private international law.  To Elise’s reasoning, I would like to add:

– the complex distinction between French (and perhaps continental) law and the common law on ‘objective’ v ‘subjective’ interpretation of contracts. I am not au fait with the finer details however they seem to have made an impact in the judgment at issue (see in particular p.19 ff.)

– the relevance of the lex fori in…

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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