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 [...]

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 [...]

High Court of Justice of England and Wales, 24 April 2018, Dreymore Fertilisers Overseas PTE Ltd. v. Eurochem Trading GMBH [2018] EWHC 909

Dreymoor (plaintiff) is an international trading company based in Singapore and ECTG (defendant) is a production company in the field of phosphate mineral fertiliser production based in Switzerland. Both companies have Russian entities as final beneficiaries. In this case, two jurisdictional challenges were brought by Dreymoor, on one hand, under section 67 of the Arbitration [...]

Paris Court of Appeal, 13 February 2018, F2MC v. EQUIP’FORET, no. 17/07693

Two companies concluded an exclusive distribution agreement. A dispute arises because of alleged non conformities of the goods. The respondent challenges the applicability of the arbitration clause before Court. The respondent argues that in case of contradiction between the arbitration clause and another clause of the agreement (in this case, the clause about the applicable [...]

2018-03-04T22:03:42+00:00 February 13th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

Douai Court of Appeal, 28 January 2018, Wärtsilä Netherlands v. SCP BTSG (on behalf of Seafrance, company under liquidation) & others, no. 16/02543

Seafrance company owns a ship with a propulsion system coming from Wärtsilä. Propulsion issues arose and Seafrance, considering that it suffered operating losses, brought an action against Wärtsilä before the commercial court, which accepted jurisdiction despite the existence of an arbitration clause in Wärtsilä’s terms and conditions. Wärtsilä appealed the decision, arguing that their contract [...]

2018-02-18T20:38:45+00:00 January 28th, 2018|Court of Appeal, Douai Court of Appeal|0 Comments

Aix-en-Provence Court of Appeal, 18 January 2018, Sea and Marine Products and Sea Med United Holding v. SPAC, no. 17/01574

One of the parties made a jurisdictional objection before the Court. The clause contained in a lease of a boat stipulates: “Arbitration under French law, Commercial Court of MARSEILLE”. The Court held that “this jurisdiction is obviously anything besides arbitrator” and concluded that the clause was manifestly inapplicable and void. The jurisdictional objection was therefore [...]

Lyon Court of Appeal, 12 January 2018, Unis Fish & Food Villefranche v. Fauchon, no. 16/03639

A provision providing for the parties committing themselves to submit any dispute regarding validity, performance or interpretation of the contract before the International Arbitration Chamber of Paris shows parties’ intent to submit any dispute arising from the contract to arbitration.

2018-02-18T20:18:18+00:00 January 12th, 2018|Court of Appeal, Lyon Court of Appeal|0 Comments

Aix-en-Provence Court of Appeal, 7 December 2017, INPS Groupe & Provence Copy v. Neos Technologie, no. 16/13984

Abuse of right cannot be set aside of the arbitral tribunal’s jurisdiction, especially as the arbitration clause included in the agreement conferred to the arbitral tribunal, jurisdiction regarding “any dispute”, without restriction to particular dispute.

Paris Court of Appeal, 5 December 2017, Togo v. SAS Accord Afrique, no. 15/24961

The Togolese Republic leased some real estate to Accor Afrique SAS. The dispute between the parties concerned the extent of the work to be done by the lessee and the right to renewal of the lease. The arbitration clause contained in the lease agreement was as follows: “(...) Any dispute arising out of the interpretation [...]

2018-01-14T23:10:07+00:00 December 5th, 2017|Court of Appeal, Paris Court of Appeal|0 Comments