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 [...]

Rouen Court of Appeal, 1 March 2018, Consorts Z v. Giuseppe W, no. 17/03743

A sale protocol of shares between shareholders and an assignee and a guarantee liability contract – including an arbitration clause – between one of the shareholders (the “Assignor”) and the assignee have been executed at the same time. As the Assignor died in the meantime, the assignee brought an action before the arbitral tribunal in [...]

Paris Court of Appeal, 23 January 2018, Stéphane D. v. Antoine R., no. 15/15594

The dispute decided by arbitration related to the transfer of shares. The award was set aside by the Court of Appeal. The plaintiff summoned before the Court an intermediary company in the transfer of shares. The Court dismissed the application since it ruled on the merits within the limits of the arbitrator’s mission and the [...]

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. [...]

Lyon Court of Appeal, 21 November 2017, no. 17/01661

A partner of a notary office wanted to appeal an arbitral award under the former version of Article 1484 of the French Code of Civil Procedure [arbitral awards might be appealed unless the parties agreed otherwise]. He justified its application by the adoption of the office internal regulation in 2008, which contained an arbitration clause. [...]

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].

Court of Appeal of England and Wales, 11 October 2017, Pan Petroleum AJE LTD v. Yinka Folawiyo Petroleum CO LTD, YFP Deepwater CO LTD, EER (Colobus), Newage Exploration Nigeria Ltd, PR Oil & Gas Nigeria Ltd., [2017] EWCA Civ 1525

The English Court of Appeal upheld a previously issued injunction which found the appellants to be held in contempt of court. The injunction was granted at the request of a minority stakeholder and consisted of restriction from exercising rights under the contract until the arbitration ends. Despite the injunction, the other business partners excluded it [...]

LCIA, 13 September 2017, McDonald’s v. Vikram Bakshi

On September 13, the London Court of International Arbitration (LCIA) called for the appointment of independent experts to determine the fair value of a joint venture for Mcdonald’s to buy out Bakshi’s holding. In this particular case, Bakshi and McDonald’s had stakes in a joint venture company named Connaught Plaza Restaurants. Bakshi claimed that his [...]

2018-01-14T19:40:08+01:00September 13th, 2017|International awards, LCIA|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 [...]

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