Versailles Court of Appeal, 22 Mai 2018, STX France v. Chantiers de l’Atlantique, no. 18/00951

Aker Yards group approached the Alstom group in order to purchase its shipbuilding business assets. In 2006, a framework agreement including an arbitration clause was signed between certain companies of the groups. The appendixes of the framework agreement included the sale of the business assets. The assignee company had to pay a surcharge relating to [...]

Versailles Court of Appeal, 3 May 2018, Association Francilienne de Comptable et de Conseil (“AF2C”) v. Pépinières Poulain, no. 17/02944

AF2C was to provide accounting services to Pépinières Poulain. By an order of the president of the Commercial Court of Pontoise, Pépinières Poulain was ordered to pay a sum corresponding to to AF2C’s invoices. Pépinières Poulain challenged the order for not having had recourse to arbitration as provided for by AF2C’s by-laws. The commercial court [...]

Versailles Court of Appeal, 6 April 2018, Syndicat Mixte des aéroports de Charente (SMAC) v. Ryanair Designated Activity Company and Airport Marketing Services, no. 17/03565

SMAC, a public company, concluded two contracts with Ryanair Limited and Airport Marketing Services Limited (AMS), two Ireland based companies. These contracts related to the opening of an air route between Angouleme and London and advertising services. Both contracts contained an LCIA arbitration clause. A dispute being arisen between the parties, Ryanair Limited and AMS [...]

Versailles Court of Appeal, 15 March 2018, Asentinel v. Neobis, no. 17/05458

Waiting for an award to be rendered, Neobis summoned Assentinel in accordance with Articles 872 and 873 of the French Code of Civil Procedure to order the forced execution of a supply contract until a certain date and to grant interim measures. On 5 July 2017, the president of the high court of Nanterre dismissed [...]

Versailles Court of Appeal, 22 February 2018, United Bank Limited v. Thalès Communications & Security, no. 17/01135

A high court judge (jugé des référé) ordered provisional prohibitive measures against several banks. It was provided that Thalès company had to commence an arbitration proceeding within 3 months from the decision, otherwise these measures would be rescheduled. One of the banks - United Limited Bank - requested the nullity of these measures, as Thalès [...]

Versailles Court of Appeal, 22 February 2018, Republic of Congo v. Commisimpex, no. 17/00283

Following last January’s departure from its case law, the Versailles Appeal Court, mentioning the provisions of Sapin II act relating to execution immunities, stated that the Republic of Congo had serious grounds of annulment or reversal of the decision that dismissed its request for cancellation of an attachment, even if these provisions were not applicable [...]

Versailles Court of Appeal, 15 February 2018, PWC Landwell, Pricewaterhousecooper Tax & Legal v. Marie-Ange L., no. 17/03779

The validity of an arbitration agreement in a service agreement entered into between a French national and a Spanish company must be assessed under Directive 93/13 CCE regarding the unfair terms that may be contained within contracts concluded between a professional and a consumer. According to Article 3 of the directive, an arbitration agreement must [...]

Versailles Court of Appeal, 9 February 2018, Cabinet Patrick D. v. Serge Conti, CONTI & SCEG, MMA IARD ASSURANCES MUTUELLES, no. 16/01837

An accounting firm requested the payment of invoices by its client in the arbitration procedure administered by the Order of Chartered Accountants. The arbitral tribunal ordered the client to pay less than half the amount sought. The firm turned to its representative in the proceedings, criticising the conduct and conditions of the arbitration proceedings. In [...]

Versailles Court of Appeal, 16 January 2018, François Z. v. Alex Julian Y, no. 16/08256

A promise to sell is entered into between different shareholders of a consumer goods import-export company, including an arbitration clause that states: “All disputes to which this promise to sale may give rise, in particular as to its validity or performance, shall be settled by arbitration”. When seized by a shareholder, the Versailles Commercial Court [...]

Versailles Court of Appeal, 12 December 2017, Phoenix International Publications France v. Best of Company, no. 17/05541

Two companies negotiated a distribution agreement including an arbitration clause. A dispute arose. One of the companies asserted the arbitration clause did not apply as the parties were still “talking”. The Court of Appeal stated that the intention of the parties was to make the clause applicable (contract signature, performance already started).

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