Paris Court of Appeal, 29 May 2018, Federal State Unitary Enterprise Russian Satellite Communications Company v. Orion Satellite Communications and Céleste Financial Holding, no. 17/16484

By a contract of 4 October 2001, Russian State Enterprise Russian Satellite Communications Company (“RSCC”) sold 20 million shares of a French company Eutelsat to Orion Satellite Communications Inc. (“Orion”). The contract contained a UNCITRAL arbitration clause. On 11 March 2002, Orion sold to Geosat 3 the rights it held in the acquisition of these shares. [...]

Paris Court of Appeal, 21 March 2018, CSF (Carrefour’s subsidiary) v. Fadis, no. 16/16091

CSF signed a lease agreement and a franchise agreement with Fadis to operate a store. The franchise agreement contained an arbitration clause, while the lease agreement did not contain any. A dispute arose following CSF’s decision not to renew the lease agreement. Fadis argued that the two agreements were inseparable. Therefore, as the term of [...]

US Supreme Court, 11 December 2017, AMCI Holdings, et al. v. CBF Industria de Gusa, et al., 17-481

US Supreme Court denied certiorari to contest enforcement of an ICC award. The award was rendered against a Swiss company who was declared bankrupt before the arbitration had ended. The Brazilian plaintiffs sought to enforce the award against the US “alter ego” companies of the Swiss company, claiming fraud. In particular, it was argued that [...]

2018-01-15T00:06:10+00:00 December 11th, 2017|US jurisdictions, US Supreme Court|0 Comments

Paris Court of Appeal, 28 November 2017, no. 16/00194

A Saudi businessman and Saudi lawyer entered into an agreement including an arbitration clause. The convention was supplemented by separate agreements. A conflict arose between them and the lawyer sent a request for arbitration to the ICC against the businessman and several companies. The arbitral tribunal extended the arbitration clause to one of the agreements [...]

2018-01-14T23:08:13+00:00 November 28th, 2017|Court of Appeal, Paris Court of Appeal|0 Comments

Paris Court of Appeal, 3 October 2017, Distri v. Carrefour Proximité France (having absorbed Erteco France), no. 16/23621

The parties successively entered into interdependent distributions agreements. One of the contracts (a franchise contract) contained an arbitration clause. The Court held that the arbitration clause could not be extended to obligations which were not the result of the agreement in which it was stipulated – in this case, the franchise contract. Hence, Créteil Commerce [...]