Paris Court of Appeal, 13 February 2018, Strube GmbH & Co.KG v. Sesvanderhave SA/NV, no. 15/17137

The Paris Court of Appeal reversed an order for enforcement award, dated on the 11 June 2015, citing article 1520, 3° and 4° of the Code of civil procedure. In addition to sentencing Strube to pay overdue charges and damages under the contract, the Tribunal also ordered Sesvanderhave to grant Strube, upon request, a non-exclusive license to operate. The Court of Appeal found that this part of the order constituted a readjustment of the balance between the interests of the parties to the contract, when they only made reciprocal requests for specific performance and for some provisions to be declared null and void.

If the Arbitral Tribunal could, without exceeding its mission, impose contractual arrangements upon the parties, it could not do so without inviting the parties to debate such arrangements, in particular, because they were not virtually contained in the applications submitted to them and they were not reasonably foreseeable by the parties. Thus, in deciding to make adjustments to contractual provisions, the validity of which was contested, the Court of Appeals concluded that the Arbitral Tribunal exceeded its mission and disregarded the principle of adversarial proceedings.

2018-03-04T22:06:46+00:00 February 13th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

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