ITIBAR & AVOCATS ASSOCIÉS (IAA) acted for one of its clients in cassation proceedings before the Supreme Court of the Union of the Comoros, which resulted in the dismissal of the appeal lodged by the opposing party.
The appeal challenged a decision rendered by the Court of Appeal in the context of a commercial dispute. The Supreme Court was called upon to consider several grounds challenging the procedural regularity and legal basis of the decision under appeal.
IAA represented its client before the Supreme Court and filed a response challenging both the admissibility and the merits of several grounds raised in support of the appeal.
The defence presented before the Court addressed, in particular, the procedural requirements governing the formulation of grounds of cassation and the scope of review exercised by the Supreme Court, including the distinction between issues of law falling within the jurisdiction of the Court and matters involving the assessment of facts and evidence by the lower courts.
The Supreme Court dismissed the appeal, thereby leaving the Court of Appeal's decision in favour of IAA's client undisturbed.
The matter forms part of IAA's Litigation & Arbitration practice, through which the firm advises and represents companies, institutions and investors in the prevention and resolution of disputes before the Comorian courts, as well as before regional and international courts and arbitral tribunals.
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