Grenoble Court of Appeal, 5 July 2018, Monsieur Louis L v. SAS Bonneval Emergence, no. 18/01877

A person subscribed to the capital increase of a company (“Company”) but backed-out shortly after, without succeeding in obtaining the restitution of the funds disbursed, even after having initiated proceedings before various trial judges. The Company initiated arbitral proceedings against the subscriber on the basis of the arbitration clause included in its bylaws. To overcome [...]

Riom Court of Appeal, 20 June 2018, Mr C. A. v. Taxi Vichy, no. 17/00123

Taxi Vichy is a taxi company with bylaws providing for disputes to be submitted to arbitration. Taxi Vichy commenced proceedings against its former partner in order to obtain payment of its unpaid contributions. The Cusset Commercial Court ordered the partner to pay the unpaid contributions and damages for abusive resistance. The partner appealed invoking the [...]

Chambéry Court of Appeal, 29 May 2018, Holding Ski Higher v. Mrs. A. B., no. 16/01548

The by-laws of the Holding Ski Higher provide that all disputes in relation to the by-laws shall be decided by an arbitral tribunal acting en amiable compositeur. The dispute arose over the revocation of the president of the company. The award ordered the company to pay a compensation to the revoked president. The company appealed. [...]

Versailles Court of Appeal, 3 May 2018, Association Francilienne de Comptable et de Conseil (“AF2C”) v. Pépinières Poulain, no. 17/02944

AF2C was to provide accounting services to Pépinières Poulain. By an order of the president of the Commercial Court of Pontoise, Pépinières Poulain was ordered to pay a sum corresponding to to AF2C’s invoices. Pépinières Poulain challenged the order for not having had recourse to arbitration as provided for by AF2C’s by-laws. The commercial court [...]

Riom Court of Appeal, 27 November 2017, no. 15/03071

A 1963 joint ownership bylaws contained arbitration clause for disputes between the co-owners. However, the Court held that although the Act on Co-ownership of Real Estate dated 28 June 1938 provided for the possibility to include this type of clause in the bylaws, the Co-ownership Act of 10 July 1965 did not adopt these provisions. [...]

2018-01-14T22:29:56+00:00 November 27th, 2017|Court of Appeal, Riom Court of Appeal|0 Comments

Paris Court of Appeal, 14 November 2017, no. 17/17080

The bylaws of AMEPI (Association of Realtors), to which both parties to the dispute belonged, contain provisions on arbitration. These provisions require the parties to submit their dispute to arbitration within two months from the date of the event having given rise to the dispute. The party submits that, this deadline being elapsed, the state [...]

2018-01-14T22:17:16+00:00 November 14th, 2017|Court of Appeal, Paris Court of Appeal|0 Comments

Pau Court of Appeal, 23 October 2017, C. H. v. F. E. and BDM, no. 16/02562

The arbitration clause contained in the articles of association covering the disputes between shareholders or between a shareholder and the company is inapplicable if the invoking party is no longer considered a shareholder [under French law, the arbitral tribunal has always jurisdiction unless the clause that underlies its jurisdiction is void or inapplicable].

2018-01-14T20:12:26+00:00 October 23rd, 2017|Court of Appeal, Pau Court of Appeal|0 Comments

Montpellier Court of Appeal, 28 June 2017, no. 16/00102

A person without an employment contract, but treated by the company as an employee is legally considered as one. Therefore, an arbitration clause in the bylaws of the company cannot be invoked against this person. Any labour disputes that arise from this relationship are under the exclusive jurisdiction of the Conseil des Prud’hommes [French specialized [...]