A company is brought before the Toulon commercial court. The company invokes an arbitration agreement of which it is not a signatory party but is concluded by a company of the same group (both companies being owned by the same person). Claimant contends that the arbitral tribunal has already declined its jurisdiction over the joined party.

The Court of Appeal upheld the jurisdictional objection. Indeed, the Court considers that the arbitral tribunal’s declaration in a letter addressed to the parties stating that the company “does not provide convincing arguments that would incline the Arbitral Tribunal to accept it as a party in the arbitral proceedings” does not amount to a decision on jurisdiction. Consequently, the Court of appeal invites the parties to submit their dispute to an arbitral tribunal.