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 [...]

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 [...]

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