England and Wales High Court of Justice, 25 July 2018, Sea Master Shipping Inc v. Arab Bank (Switzerland) Ltd, [2018] EWHC 1902 (Comm)

A FOB buyer of goods, Agrobusiness, chartered a vessel owned by Sea Master Shipping Inc (“Owner”) and resold the cargo on the CIF terms. The charter contained a LMAA arbitration clause, clause, which covered “any dispute arising out of or in connection with this Contract”. Several bills of lading covered the cargo, each incorporating the [...]

Cour de Cassation, civil division, 4 July 2018, Honeywell matériaux v. Mr. X and Valeo, nos. 17-22103, 17-22105, 17-22106, 17-22107, 17-22109, 17-22111, 17-22113, 17-22114, 17-22115, 17-22116, 17-22117, 17-22.119, 17-22120, 17-22121, 17-22122 and 17-22123

The Cour de Cassation recalls that a jurisdictional plea based on the existence of an arbitration clause is inadmissible when it is raised for the first time before the Court of appeal.

2018-08-06T21:44:12+02:00July 4th, 2018|Cour de cassation|0 Comments

Cour de Cassation, commercial division, 4 July 2018, Société Banque Delubac et Cie v. Société M. Agrarhandel GmbH and Société Banque Delubac et Cie v. Werner Tiernahrung GmbH, nos 17-13067 and 17-13069

On 4 July 2018, the Cour de Cassation issued decisions in two cases with slightly different factual backgrounds but with the same solution. In the first case, the German company Mr. Agrarhandel GmbH and the French companies Tiwy and Etablissements Laboulet (“Laboulet”) sold sunflower seeds to each other. In the second case, another German company [...]

2018-08-06T21:41:58+02:00July 4th, 2018|Cour de cassation|0 Comments

England and Wales High Court of Justice, 8 June 2018, Perkins Engines Company Limited v. Mohammed Samih Huseein Ghaddar and Ghaddar Machinery Co. S.A.L., [2018] EWHC 1500 (Comm)

Perkins Engines Company Limited (“Claimant”) applied for an interim anti-suit injunction before the High Court against Mohammed Samih Huseein Ghaddar and Ghaddar Machinery Co. S.A.L. (“Respondents”) in respect of proceedings commenced by them in front of the Lebanese Courts in breach of an arbitration agreement. The agreement states that any dispute will be submitted to [...]

Aix en Provence Court of Appeal, 31 May 2018, IREM France v. Total Raffinage France and Tecnicas Reunidas, no. 17/23118, no. 17/23115 and no. 17/23114

Total Raffinage contracted with Tecnicas Reunidas regarding the engineering, construction and commissioning of a refinery. The construction contract provided for an ICC arbitration seated in Paris. Tecnicas Reunidas entered into a sub-contract with IREM, containing an ICC arbitration clause but with a seat in Madrid. In turn, IREM subcontracted some work to Montis. Montis commenced [...]

England and Wales High Court of Justice, 18 May 2018, Mobile Telecommunications Company LTD v. HRH Prince Hussam Bin Saudi Bin Abdulaziz Al Saud (T/A Saudi Plastic Factory), [2018] EWHC 1469 (Comm)

Mobile Telecommunications Company LTD (“Claimant”) and HRH Prince Hussam Bin Saudi Bin Abdulaziz Al Saud (“Defendant”) concluded a loan agreement in 2010. It provided for LCIA arbitration with a seat in London in the event of a dispute between the parties. The arbitral tribunal, constituted in 2013, refused to stay proceedings because of the proceedings [...]

Dijon Court of Appeal, 13 February 2018, Hostellerie Saint Vincent v. Bernard Jacquot, no. 15/02014

A project management contract was signed between two companies, including an arbitration clause which stipulates that “in case of dispute about the scope of works performed by the employer, the parties agree to submit their claims to two arbitrators (…), and, in absence of amicable settlement, the dispute between the parties will be submitted to [...]

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