Cour de cassation, 1 civ., 13 December 2017, Cameroun v. ICC, no. 16-22131

Following a breach of a contract, a company filed a request for arbitration to ICC. ICC suspended the arbitration proceedings for default of advance payment of arbitration costs. The company therefore sued ICC before the President of the Paris High Court (judge acting in support of the arbitration) for denial of justice. The Cour de cassation recalled that the supporting judge is not vested with general jurisdiction to settle all disputes arising during the arbitral proceedings. He cannot substitute the arbitration centre in applying its rules (those of ICC in the case at hand), at the risk of misusing its power.
A dispute regarding the performance of a contract for the organisation of arbitration by an arbitration institution, shall be subject to the ordinary competent jurisdiction.

2018-01-14T23:06:19+00:00 December 13th, 2017|Cour de cassation|0 Comments

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