Cour de cassation, Civ. 1, 10 January 2018, Shell, Jnah Development v. Marriott, no. 16-21391

The company Jnah has entered into a hotel operating agreement with Marriott, including an ICC arbitration clause. During the arbitration proceedings, a change of ownership of the plaintiff (Jnah company) took place. The former shareholders have given the transferee a power of attorney to act on behalf of the company in the current proceedings. A new arbitration procedure was introduced by the representative to obtain compensation for damages resulting from the termination of the contract by Marriott.

The court declared itself incompetent on the ground that the power of attorney was limited to pending proceedings and did not allow for a new arbitration. The representative brought an action for annulment of the award.

The Court of Cassation dismissed the appeal, considering that the Court of Appeal concluded that the arbitral tribunal had ruled on a question relating not to the scope of its jurisdiction, but to the admissibility of the request for arbitration, which could not be challenged in the context of an action for annulment.

2018-02-12T08:05:38+00:00 January 10th, 2018|Cour de cassation|0 Comments

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