Jean-Paul Beraudo
Encyclopedia
Justice Jean-Paul Beraudo (born 1946) is a French lawyer, academic and author of legal works. He was formerly Justice at the French Supreme Court (Cour de Cassation) and Vice-Chairman of the ICC
ICC
-Political:* International Control Commission, which oversaw the 1954 Geneva Accords ending the First Indochina War* International Communist Current, a communist organization* Interstate Commerce Commission, a now defunct US Government regulatory body...

 International Court of Arbitration. At present he is still lecturing on International Private Law and International Trade Law at Paris I University (Panthéon-Sorbonne) and a UNIDROIT correspondent for France.
He also delivers legal opinions to be shown in courts, including The Privy Council (Gujadhur case July 26, 2007 ; The Raphaël Fishing Company Vs The State of Mauritius July 30, 2008) and US courts (Boeing case on a forum non conveniens dispute ; Alstom case on US class action). Beraudo is married with three children.

Career

Justice Béraudo has developed a dual career as Judge and international lawyer as French Delegate to international organizations. He was also appointed Professor of law in several universities.

From 1977 to 1991 he was Judge for the European and International Bureau of the French Ministry of Justice. In that capacity he conducted several important negotiations in different forums either as delegate or as elected Chairman:






From 1974 to 1976, Justice Béraudo was a full-capacity judge at the Tribunal de Grande Instance of Compiègne, acting in particular as an Investigating Judge. As a Judge in Civil Matters, he handed down several decisions in Private International Law and on International Jurisdiction which were published and commented on in specialized journals.

From 1976 to 1991, Justice Béraudo worked for the French Ministry of Justice, at the Bureau of General Civil Law (1976–1977), then at the Bureau of European and International Law of the Department of Civil Affairs and the Seal (Director of the Bureau from 1985).

From 1991 to 2000, Justice Béraudo was Presiding Judge of Division of the Grenoble Court of Appeals. From 1995, when he presided over the Commercial Division of the Grenoble Court of Appeals (1995–2000), he dealt with many international litigation cases in which, among other things, the Vienna Convention on the International Sale of Goods, UNIDROIT principles and jurisdictional rules created by the Brussels and Lugano Conventions were applied. He decided also on setting aside and enforcement proceedings of arbitral awards.

Additionally, from 2000 to 2003, Justice Béraudo was a Judge in the Criminal Division of the French Supreme Court (Cour de Cassation) where he dealt with professional and business criminal litigation cases.

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From 1995 to 2001, Justice Béraudo was an Associate Professor at Paris I University (Panthéon-Sorbonne). He is still lecturing on private international law and international trade law at the same university.

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Justice Béraudo acted as co-arbitrator, sole arbitrator or Chairman of arbitral tribunals on more than 30 cases, most of them ICC cases. Some decisions have been published and commented on in specialized journals:
  • disputes involving Western parties v. Latin American parties (10731/KGA, sale contract, transfer of risks; 11772/CCO, power contract; 11677/KGA, railways concession; 122231/KGA/CCO, sale of company contract)
  • disputes involving Western European parties v. Eastern Europe parties (9917/FMS, agency contract; 11174/FMS, privatization of companies contract; 13009/EC, sale contract, dispute on settlement agreement validity; 13450/AVH, agency contract)
  • disputes involving European parties v. Middle Eastern parties (9119/AC, travel agent contract; 10059/FMS, vessel building; and ad hoc proceedings)
  • disputes involving only parties from Western countries (7585/FMS, industrial equipment contract; 8817/FMS, agent contract; 10148/KGA, highway airport equipment contract; 13386/AVH, M & A operation; and ad hoc proceedings)
  • disputes involving US v. European parties (7249/JJA, publisher contract; and ad hoc proceedings)
  • also ICC conciliation between US and Swiss banks on liability for payment of first demand guarantee

Some disputes which are under way or were settled recently are not mentioned.

Finally, Justice Béraudo has taken on various roles for the ICC, for which he is a member of the Arbitration Commission :
  • Speaker at several ICC seminars in Tunisia, Morocco and United Arab Emirates
  • Speaker at the UNIDROIT-ICC seminar on UNIDROIT principles
  • Chairman of the international working group on criminal law and arbitration

He chaired also working groups of the French National Committee on Arbitration clause in Trust Deeds (the result of the work was adopted recently by the International Commission), and on the revision of ICC Rules on International Arbitration.
On December 2005, he was elected Vice-Chairman of the International Court of Arbitration by the World Council of the ICC.
On March 2009, he chaired a colloquium on disputes resolution in accordance with the OHADA rules. Since 2000, he delivers lectures on trust law to trustees and wealth managers in seminars organized by Academy & Finance.

Main publications

International Private Law
  • "The Lugano Convention of September 16, 1988, on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters", International Law Dictionary, ("Jurisclasseur de Droit International"), May 1991
  • "The Brussels Convention of September 27, 1968, on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters", International Law Dictionary, ("Jurisclasseur de Droit International"), September 1996
  • "The International Application of the New Provisions of the French Civil Code on the Liability for Defective Products",("L'application internationale des nouvelles dispositions du Code Civil sur La responsabilité du fait des produits défectueux"), Jurisclasseur Périodique, June 1999
  • "The Council Regulation 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters", International Law Review ("Journal du droit International"), 2002, p. 377
  • "Trust", ("Le Trust"), Répertoire Dalloz de Droit international, 1998
  • "The Rogatory Commission (Civil Matters)", Répertoire Dalloz de Droit international, January 2005
  • Jurisclasseur of European Law on the Brussels and Lugano Conventions, and on the Council Regulation 44/2001


International Trade Law
  • "The New International Law on the Sale of Goods", ("Le nouveau droit de la vente internationale de marchandises"), in collaboration with Ph. Khan, Paris Chamber of Commerce Publishing,1989
  • "Commented Collection of the Principal Conventions of International Trade", ("Recueil commenté des principales Conventions du commerce international"), Masson Editions, 1995
  • "Shall We Be Afraid of Contracts without Law?", ("Faut-il avoir peur du contrat sans loi? "), International Private Law Critical Review, Collection in honor of Professor Paul Lagarde, 2005


Arbitration Law
  • "United Nations Convention on Contracts for the International Sale of Goods and Arbitration",("La Convention des Nations Unies sur les contrats de vente internationale de marchandises et l'arbitrage"), ICC International Court of Arbitration Bulletin ("Bulletin de la Cour Internationale d'arbitrage de la CCI"), May 1994
  • "The Inter-American Congress on UNIDROIT Principles", (“Le Congrès interaméricain sur les Principes UNIDROIT"), ICC International Court of Arbitration Bulletin ("Bulletin de la Cour Internationale d'arbitrage de la CCI"), May 1997
  • "The Arbitration Exception of the Brussels and Lugano Conventions on Jurisdiction, Recognition and Enforcement of Judgments" (“L’exception d’arbitrage des conventions de Lugano et de Bruxelles concernant la compétence judiciaire et l’exécution des decisions en matière civile et commerciale”), Journal of International Arbitration (Journal international de l’arbitrage), 2001
  • "The Recognition by Courts of Provisional and Interim Measures Decided by an Arbitral Tribunal", (La reconnaissance par les tribunaux des measures provisoires ordonnées par un tribunal arbitral), Journal of International Arbitration, (Journal international de l’arbitrage), 2005
  • “Case law on articles 5, 8, 16 of the UNCITRAL Model Arbitration Law”, Journal of International Arbitration, 2006
  • “Egregious error of law as a ground for setting aside an arbitral award”, Journal of International Arbitration, 2007
  • “The effects of the local annulment of arbitral awards”, Journal of International arbitration, to be published in 2008


Other Legal Areas
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