Cour de cassation, 24 May 2018, Mr. and Mrs. X v. Toulouse Investment Company Leroux, no. 17-18796

By an agreement, containing an arbitration clause, Mr. and Mrs. X undertook to sell to Toulouse Investment Company Leroux 100% of the shares of the Carrosserie peinture system company. A dispute arose over the execution of this agreement. The arbitral award was rendered and subsequently annulled by a court of appeal which found that the arbitral tribunal had only ruled in law despite the obligation to rule as an amiable compositeur.

The Cour de cassation upheld the judgment since, notwithstanding the reference to amiable composition in the operative part of the award, its reasoning reveals that, even in the absence of any textual reference to a legal provision, the arbitral tribunal ruled in law. The Court of Appeal therefore correctly deduced that the arbitral tribunal had not complied with its mission.

2018-06-27T20:08:25+00:00 May 24th, 2018|Cour de cassation|0 Comments

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