A project management contract was signed between two companies, including an arbitration clause which stipulates that “in case of dispute about the scope of works performed by the employer, the parties agree to submit their claims to two arbitrators (…), and, in absence of amicable settlement, the dispute between the parties will be submitted to the jurisdiction of the competent civil court”.

First, the Dijon Court of Appeal found that the given clause was an arbitration clause within the meaning of the article 1442 of the French Code of Civil procedure. However, it only applies to a dispute about scope of works provided by the employer and cannot apply to the dispute at stake regarding the amount of the claimed fees.