#Litigation and International Investigation
2009 Rio-Paris Crash: Airbus and Air France convicted on Appeal of Involuntary Manslaughter
On 21 May 2026, Airbus and Air France were fined €225,000 for involuntary manslaughter seventeen years after the crash of the Rio-Paris flight. After being at first instance, following the prosecution’s submissions, the prosecution ultimately reversed its position on appeal and sought their conviction. During the hearing, the characterization of the negligence was at the heart of the debate. Analysis of black boxes confirmed that the accident was triggered by sensor icing while the aircraft was flying at high altitude in severe weather conditions. The prosecution accused Airbus of underestimating the failures of the Pilot airspeed sensors and the lack of information provided to the crews. It also reproached Air France for insufficient pilot training on the procedures to be followed in the event of probe icing, as well as for a lack of proper information provided to crews. The defense, for its part, relied in particular on the pilots’ errors of judgment, to deny criminal liability. > Read the article.
#Dispute resolution & regulatory investigations
Annual Report: CNIL’s Key Achievements and Highlights in 2025
On 18 May 2026, the French Commission nationale de l’informatique et des libertés (CNIL) published its 2025 annual activity report, providing an overview of its actions across its four core missions: informing and protecting the public, supporting professionals and public authorities, anticipating developments in the digital sphere, and ensuring compliance with data protection rules. The year 2025 was marked by a record increase in complaints, with 20,150 claims received, as well as an unprecedented level of fines reaching nearly €487 million. The CNIL also recorded 6,167 personal data breach notifications, half of which resulted from cyberattacks. In response to this growing threat, the CNIL announced that in 2026 it will devote half of its inspections and enforcement actions to cybersecurity-related issues. > Read the article.
#Arbitration and Mediation
Unveiling the 2026 ICC Arbitration Rules, part 2: Moving beyond mandatory Terms of Reference
The second part of the series dedicated to the new International Commercial Chamber’s (ICC) Arbitration Rules, which will enter into force on 1 June 2026, highlights the removal of the mandatory nature of Terms of Reference in standard arbitration proceedings. This evolution modifies the ICC procedural framework by allowing arbitral tribunals to use this tool when they consider it appropriate, without it constituting a systematic requirement. In parallel, the role of the Case Management Conference is strengthened and becomes the main procedural stage for structuring the proceedings and establishing the procedural timetable. The new Rules also provide more strictly regulate the introduction of new claims after this conference, making them subject to the arbitral tribunal’s authorization. Finally, the time limits for rendering the award are no longer based on a default timeframe but are set according to procedural timetable of each arbitration. > Read the article.
Unveiling the 2026 ICC Arbitration Rules, part 3: Expedited Procedure Provisions and Emergency Arbitration
The 2026 International Commercial Chamber’s (ICC) Arbitration Rules introduce targeted amendments to the Expedited Procedure and Emergency Arbitration provisions, taking into account evolving practice while maintaining a balance between efficiency and procedural safeguards. The Expedited Procedure Provisions retain their existing structure. The principal amendment is the increase of the automatic application threshold to USD 4 million for arbitration agreements concluded on or after 1 June 2026. With regard to Emergency Arbitration, the Rules clarify that proceedings may be initiated against signatories to the arbitration agreement, their successors, or any party whom the President considers may be bound by that agreement. They also introduce the possibility of issuing preliminary orders, including without prior notice to the other party, while providing for procedural safeguards. > Read the article.
