A request for compulsory joinder which involves arguments on the merits renders inadmissible the subsequent presentation of an objection to jurisdiction, even if the request expressly reserves the possibility of challenging the jurisdiction later.
Paris Court of Appeal, 5 October 2017, Commisimpex v. Etablissement Porte Autonome de Pointe Noire (PAPN) & BMCE, no. 17/06220
By an ICC award, Republic of the Congo was ordered to pay a certain amount of money to Commisimpex. The latter attached the assets of the Republic of the Congo and its subdivisions in BMCE’s hands. PAPN summoned Commisimpex in order to vacate the attachment. On its side, Commisimpex requested a compulsory joinder of BMCE [...]
Paris Court of Appeal, 5 October, Carnot Voyages v. France Pélerinage Hajj and Omra, European Hajj & Umrah Comitee and M. A. D, no. 16/21861
The state court has no jurisdiction over the joinder, if the insurance contract between the appellant and the requesting party contains an arbitration clause.