Paris Court of Appeal 21 October 2025, RG 24/04967 (Keppel/PWA) International Arbitration( French seat) Award annulled when Tribunal wrongly declines jurisdiction
In a nutshell, the Paris Court of Appeal annulled an arbitral award on the ground that the arbitral tribunal wrongly declined its jurisdiction.
This decision is one in a series of recent decisions of the Paris Court of Appeal that are a confirmation that Paris is a seat of choice for international arbitration because it provides the parties with the certainty that their agreement to arbitrate will ultimately be given effect even in the (rare) event when a tribunal wrongly declines its jurisdiction (see also in connection with annulment proceedings of an award on jurisdiction Paris 18 November 2025, RG 24/14571 Soyl/Axia and Novial; and for annulment proceedings on the ground of bribery, Paris 28 October 2025, RG 23/16145 Averda /Gabon).
The dispute involved Keppel Seghers Engineering Singapore PTE Ltd (“Keppel”) and Public Works Authority of Qatar, Ashghal (“PWA”) in connection with the Design and Building Works and the Operation and Maintenance Works awarded to Keppel for a sewage treatment plant.
The Conditions of Contract submitted in the call for tender provided for the jurisdiction of the Qatari Courts. In its tender Keppel did not accept this clause and requested its replacement by an arbitration agreement. The parties specifically negotiated this point and documents referring to arbitration during a meeting. Keppel summarized the talks in letters of the same day that remained unanswered and the next day the works were awarded to Keppel, and a contract was signed later, after the parties compiled the contract documentation (that included inter alia the documents referring to arbitration).
Due to delays in the performance of the works, the parties submitted their differences to an engineer and conducted an ICC mediation procedure. Finally, Keppel started arbitration proceedings (two arbitrations that were consolidated) and the arbitral tribunal declined its jurisdiction in the award that led to the annulment proceedings before the Court.
Having recalled the principles of French arbitration law that consent to arbitration is not subject to any formal requirements, that it is independent form the contact in which it is contained (directly of by reference) and that pursuant to a material rule of French arbitration law it must be assessed without regard to any state law, the Court analysed the facts of the case and conducted a full review of all legal and factual elements that are relevant to establish the existence and scope of the arbitration agreement.
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International Arbitration( French seat) Award annulled when Tribunal wrongly declines jurisdiction (Paris Court of Appeal Keppel—PWA)
Published on: 10 December 2025
Published by a LexisNexis Arbitration expert
