Douai Court of Appeal, 28 January 2018, Wärtsilä Netherlands v. SCP BTSG (on behalf of Seafrance, company under liquidation) & others, no. 16/02543

Seafrance company owns a ship with a propulsion system coming from Wärtsilä. Propulsion issues arose and Seafrance, considering that it suffered operating losses, brought an action against Wärtsilä before the commercial court, which accepted jurisdiction despite the existence of an arbitration clause in Wärtsilä’s terms and conditions. Wärtsilä appealed the decision, arguing that their contract is governed by Dutch law pursuant to the Rome Convention. It adds that under Dutch law, terms and conditions are applicable if the co-contractor has knowledge and accepted them by consent or acquiescence. According to the Appeal Court, Wärtsilä proved that Seafrance had knowledge of the terms and conditions and the applicable law shall be Dutch law. Moreover, the Appeal Court deems that there are usual business relations between the parties. For these reasons, the Appeal Court stated the arbitration clause is applicable and the parties should submit their case to a competent arbitral tribunal.

2018-02-18T20:38:45+00:00 January 28th, 2018|Court of Appeal, Douai Court of Appeal|0 Comments

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