Toulouse Court of Appeal, 23 November 2017, no. 17/01931

A contract concluded between the parties contained an arbitration clause. A dispute arose over the payment of a commission under the contract. The creditor summoned its debtor before the president of the commercial court claiming for interim payment. The Court indicated that due to the presence of the arbitration clause, interim relief remains exceptional, subject to the
condition of urgency. In the case at hand, the urgency requirement was justified by an unpaid invoice of large amount (EUR 3,4 million) and financial difficulties of the creditor, described as “considerable” by its accountant (including a possibility of bankruptcy), created by this situation.

2018-01-14T22:28:14+00:00 November 23rd, 2017|Court of Appeal, Toulouse Court of Appeal|0 Comments

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