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 [...]

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 [...]

Aix en Provence Court of Appeal, 29 March 2018, Silim Environnement v. A4 Recycling, no. 15/11140

The subcontracting agreement contained an arbitration clause followed by a mention: “In case of failure of arbitration procedure within a maximum period of 3 months, only the MARSEILLE Commercial Court will be competent (...)”. Silim Environnement, contractor, decided to terminate the agreement. This decision being contested by A4 Recyclage, subcontractor, the latter appointed an arbitrator. The [...]

Aix en Provence Court of Appeal, 29 March 2018, HP Technical v. Airbus Helicopters, no. 17/17258

The Airbus Helicopters company concluded with a company incorporated under Nigerian law, two consultant contracts to develop helicopters sales of the Airbus Helicopters company in Nigeria. During the execution of the contract, a dispute appeared about the remuneration of the Nigerian consultant, the HP Technical company assigned thus the French company before the Commercial Tribunal [...]

Aix-en-Provence Court of Appeal, 18 January 2018, Sea and Marine Products and Sea Med United Holding v. SPAC, no. 17/01574

One of the parties made a jurisdictional objection before the Court. The clause contained in a lease of a boat stipulates: “Arbitration under French law, Commercial Court of MARSEILLE”. The Court held that “this jurisdiction is obviously anything besides arbitrator” and concluded that the clause was manifestly inapplicable and void. The jurisdictional objection was therefore [...]

Aix-en-Provence Court of Appeal, 11 January 2018, KPM SUN v. Farm PV1, Bester Generacion, no. 17/12187

The contract and sub-contract underlying the dispute were related to the design, supply, supervision of the construction of the plant and its commissioning. Both contracts were based on standard models issued by the International Federation of Consulting Engineers (“FIDIC”). The contracts provided that disputes between the parties were to be settled by the “dispute adjudication [...]

Aix-en-Provence Court of Appeal, 11 January 2018, Laboratoires Servier v. Pharma Ival, IVPP, no. 13/23855

Two entities settled a debt awarded by a state court decision on the basis of two contracts. The settlement agreement contained an arbitration clause. The party invokes a conciliation clause contained in the contracts. The Court of Appeal evoked that when an arbitration clause does not mention the obligation to conciliate, the Parties cannot argue [...]

Aix-en-Provence Court of Appeal, 8 December 2017, F. G. c. IMCV, et al., no. 17/00701

An award seeking, among other things, to exclude a natural person from a company was subject to provisional enforcement. The Court dismissed the demand of the excluded member to suspend the enforcement. The absence of remuneration for management of the company, dependent children, credit or absence of a professional activity, do not constitute manifestly excessive [...]

Aix-en-Provence Court of Appeal, 7 December 2017, INPS Groupe & Provence Copy v. Neos Technologie, no. 16/13984

Abuse of right cannot be set aside of the arbitral tribunal’s jurisdiction, especially as the arbitration clause included in the agreement conferred to the arbitral tribunal, jurisdiction regarding “any dispute”, without restriction to particular dispute.

Go to Top