Swiss Federal Tribunal, 1st Court of civil law, 25 June 2018, X. Club v. A. et Z. Club, 4A_502/2017

A footballer was hired by a Saudi club immediately after being fired without reasonable ground by his former Egyptian club. The Dispute Resolution Chamber of the International Federation of Football Association issued a decision that was appealed by both the former football club and the footballer. In an award dated 11 July 2017 rejecting the [...]

England and Wales High Court of Justice, 24 May 2018, Grindrod Shipping Pte Ltd v. Hyundai Merchant Marine Co. LTD, [2018] EWHC 1284 (Comm)

Grindrod Shipping Pte Ltd (“Claimant”) chartered a motor vessel from Hyundai Merchant Marine Co. Ltd (“Defendant”). The alleged non-compliance by the master’s vessel with voyage orders to sail from Australia to Mozambique and Tanzania led Claimant to initiate arbitral proceedings. By its award issued on 27 July 2017, a London Maritime Arbitration Association tribunal dismissed [...]

Swiss Federal tribunal, 1st Court of civil law, 24 May 2018, A. v. B., 4A_491/2017

A Russian company, A. (“Company A.”), and an Austrian company, B. (“Company B.”), entered into agreement stipulating that the Austrian company would manufacture and deliver, one by one, five machines for use in the railways sector. The purchaser was entitled, in accordance with a clause in the contract, to terminate the contract unilaterally in the [...]

Paris Court of Appeal, 22 May 2018, Spouses Z v. ITM Sud Ouest, no. 16/24803

A trade-name license agreement for the operation of a store was concluded between ITM and Joriane, a company controlled and managed by the Spouses Z. In 2002, ITM undertook to buy (“promesse unilatérale d’achat”) the shares of Joriane company over a period of 10 years, this unilateral commitment included an arbitration clause. A decision in [...]

England and Wales High Court of Justice, 15 May 2018, Navigator Spirit SA v. Five Oceans Salvage SA, [2018] EWHC 1108 (Comm)

Navigator Spirit SA (“Claimant”) is an owner of a vessel, subject of the operation of the salvage operated by Five Oceans Salvage SA (“Defendant”). During the first instance arbitration, based on an arbitration agreement set forth in the Lloyd’s Open Form of Salvage Agreement, Defendant asserted that it was entitled to compensation for two dangers. [...]

Paris Court of Appeal, 10 April 2018, Mr. Bernard Z, Ms Régine Y & Varfon v. ITM Alimentaire Ouest, no. 16/16588

Due to issues with payment in the framework of a supply contract, a company brought an action before an ad hoc arbitral tribunal. The latter rendered an award on 21 June 2016, ordering the defendants to pay a certain amount of money. The defendants brought an action for the annulment of the award, on the [...]

Paris Court of Appeal, 27 March 2018, ANTRIX CORPORATION LIMITED v. DEVAS MULTIMEDIA PRIVATE LIMITED, no. 16/03596

Antrix Corporation Ltd (“Antrix”), Indian national company responsible for promoting and marketing the Indian Space Agency’s products and services, entered into, with the Indian company Devas Multimedia Private Ltd (“Devas”), an agreement for the provision of a spectrum on the “band S” in exchange for the payment of a sum denominated “upfront capacity reservation fees”. [...]

Paris Court of Appeal, 13 February 2018, Strube GmbH & Co.KG v. Sesvanderhave SA/NV, no. 15/17137

The Paris Court of Appeal reversed an order for enforcement award, dated on the 11 June 2015, citing article 1520, 3° and 4° of the Code of civil procedure. In addition to sentencing Strube to pay overdue charges and damages under the contract, the Tribunal also ordered Sesvanderhave to grant Strube, upon request, a non-exclusive [...]

2018-03-04T22:06:46+00:00 February 13th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

Douai Court of Appeal, 18 January 2018, Xavier Z. v. Finarco & others, no. 13/06684

An action for annulment is brought by a French real estate company and a financial company under Belgian law, against an internal arbitration award. The appellants dispute the internal nature of the arbitration, arguing that the dispute concerns persons under French and Belgian law. The Court of Appeal dismisses the pleas on the ground that [...]

2018-02-18T20:26:41+00:00 January 18th, 2018|Court of Appeal, Douai Court of Appeal|0 Comments