Two companies assigned invoices to a bank that were owed by another company under two contracts of sale, each containing an arbitration clause. After having requested the payment, the bank sued the latter company before the French commercial court.
First, the Cour de Cassation found that the invoices at issue constituted the implementation of the sales contracts. The Court then held that the bank’s claims were connected to those invoices and that the tortious nature of the action was not capable of making the arbitration clauses manifestly inapplicable [the pre-requisite for French courts to ignore the existing arbitration
clause]. Therefore, the dispute must be referred to an arbitral tribunal.