Grenoble Court of Appeal, 5 July 2018, Monsieur Louis L v. SAS Bonneval Emergence, no. 18/01877

A person subscribed to the capital increase of a company (“Company”) but backed-out shortly after, without succeeding in obtaining the restitution of the funds disbursed, even after having initiated proceedings before various trial judges. The Company initiated arbitral proceedings against the subscriber on the basis of the arbitration clause included in its bylaws. To overcome [...]

Riom Court of Appeal, 20 June 2018, Mr C. A. v. Taxi Vichy, no. 17/00123

Taxi Vichy is a taxi company with bylaws providing for disputes to be submitted to arbitration. Taxi Vichy commenced proceedings against its former partner in order to obtain payment of its unpaid contributions. The Cusset Commercial Court ordered the partner to pay the unpaid contributions and damages for abusive resistance. The partner appealed invoking the [...]

Aix en Provence Court of Appeal, 31 May 2018, IREM France v. Total Raffinage France and Tecnicas Reunidas, no. 17/23118, no. 17/23115 and no. 17/23114

Total Raffinage contracted with Tecnicas Reunidas regarding the engineering, construction and commissioning of a refinery. The construction contract provided for an ICC arbitration seated in Paris. Tecnicas Reunidas entered into a sub-contract with IREM, containing an ICC arbitration clause but with a seat in Madrid. In turn, IREM subcontracted some work to Montis. Montis commenced [...]

Chambéry Court of Appeal, 29 May 2018, Holding Ski Higher v. Mrs. A. B., no. 16/01548

The by-laws of the Holding Ski Higher provide that all disputes in relation to the by-laws shall be decided by an arbitral tribunal acting en amiable compositeur. The dispute arose over the revocation of the president of the company. The award ordered the company to pay a compensation to the revoked president. The company appealed. [...]

Paris Court of Appeal, 29 May 2018, Elcir v. Bouygues Batiment Ile de France, no. 15/20168

Bouygues Bâtiment IDF (Bouygues) and the Lebanese company Elcir entered into a sub-contracting agreement relating to construction work in Paris. A dispute subsequently arose, leading Bouygues to initiate arbitral proceedings and to designate an arbitrator. The latter was disqualified by Elcir and replaced by another arbitrator, also listed in the list attached to the arbitral [...]

Paris Court of Appeal, 29 May 2018, Wilkes Participacoes and Companhia Brasileira de Distribuicao SA v. Morzan Empreendimentos E Participações Ltda, no. 15/23187

Mandal, Companhia Brasileira de Distribuicao (CBD)’s wholly owned subsidiary, entered into a sales and purchase agreement (SPA) of Globex shares with Globex’s major shareholders (designated as Morzan). Morzan found that CBD did not abide by the payment terms. Consequently, Morzan initiated arbitral proceedings against CBD and its major shareholder, the brazilian company Wilkes Participações SA [...]

Paris Court of Appeal, 29 May 2018, Priosma Limited v. E, no. 16/12944

Two brokerage firms, E, belonging to the COVEA group and KBS Ltd, entered into a co-brokerage agreement on 16 February 2011, which contained an arbitration clause. Following the transformation of the company KBS Ltd into Priosma Ltd, the COVEA group appointed this new company as the substitute of KBS Ltd in a letter dated 30 [...]

Paris Court of Appeal, 29 May 2018, Federal State Unitary Enterprise Russian Satellite Communications Company v. Orion Satellite Communications and Céleste Financial Holding, no. 17/16484

By a contract of 4 October 2001, Russian State Enterprise Russian Satellite Communications Company (“RSCC”) sold 20 million shares of a French company Eutelsat to Orion Satellite Communications Inc. (“Orion”). The contract contained a UNCITRAL arbitration clause. On 11 March 2002, Orion sold to Geosat 3 the rights it held in the acquisition of these shares. [...]

Paris Court of Appeal, 24 May 2018, Mr. B. C. v. Company Autoridad del Canal de Panama and Standard Chartered Bank, no. 17/08685

On 24 May 2018, the Paris Court of Appeal confirms the judgment lifting the attachment order obtained by Mr. Laurent Parienti pursuant to the arbitral award rendered in his favor against the Panama Republic and the Panama Canal Authority. To enforce this award, the investor had seized the accounts of the Panama Canal Authority at [...]

Aix-en-Provence Court of Appeal, 24 May 2018, Safina v. Transit Fruits and Getma Senegal, no. 15/21119

Transit Fruits, controlled by the Compagnie Fruitière Group, has entrusted the Senegalese company Getma Senegal with port handling, land transit and land transport services in Senegal, through a contract containing an arbitration clause. The dispute arose concerning the delay in positioning the containers requested by Safina to SEL, a company controlled by Compagnie Fruitière. The [...]

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