Cour de cassation, 11 April 2018, Honeywell matériaux de friction v. 11 employees, nos. 17-17991, 17-17992, 17-17993, 17-17994, 17-17995, 17-17996, 17-17997, 17-17.998, 17-17999, 17-18000

Two companies entered into a share purchase agreement (“SPA”) and a business transfer agreement. Only the SPA contained an arbitration clause. Some employees brought a tort claim before state courts against the seller and the buyer’s sister company by claiming compensation for the harm incurred due to the presence of asbestos and seeking the companies’ [...]

2018-06-27T22:21:39+00:00 April 11th, 2018|Cour de cassation|0 Comments

Paris Court of Appeal, 27 March 2018, SAAD Buzwair Automotive Co (SAB) v. Audi Volkswagen Middle East FZE LLC (AVME), no. 16/09386

The English trading Company Continental Trading Ltd (“CCT”) bought from the Swiss company Noble Resources (“Noble”) 55.401 tons of soya beans to be paid by means of a documentary credit of EUR 19.999.761. Such documentary credit was issued by the company The International Banking Corporation (“TIBC”) incorporated in Bahrain, the French bank BIA intervening as advising [...]

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

Paris Court of Appeal, 24 October 2017, KNK v. KVIK, no. 17/02201

An arbitration clause contained in a contract cannot be made void or inapplicable in the following circumstances: - The action is based on an event which occurred prior to the contractual relationship; - The behaviour at stake may constitute a criminal offence; - The public policy provisions are applicable to the merits of the dispute [...]

2018-01-14T20:31:52+00:00 October 24th, 2017|Court of Appeal, Paris Court of Appeal|0 Comments

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].

2018-01-14T20:12:26+00:00 October 23rd, 2017|Court of Appeal, Pau Court of Appeal|0 Comments

Montpellier Court of Appeal, 12 October 2017, Zwahlen & Mayr v. Bouygues Travaux Publics, no. 17/00269

The so-called Bouygues arbitration clauses include a closed list of arbitrators to appoint. They do not violate the equality of the parties in the appointment of the arbitrators and are not manifestly inapplicable [under French law, the arbitral tribunal has always jurisdiction unless the clause that underlies its jurisdiction is void or inapplicable], given that [...]

Bordeaux Court of Appeal, 11 October 2017, Mme G. D. and La SNC Pharmacie Des Chartrons v. M. J. A, no. 15/01715

The refusal of a party to appoint an arbitrator in accordance with the terms of the arbitration clause contained in the articles of association does not mean that the clause is inapplicable [under French law, the arbitral tribunal has always jurisdiction unless the clause that underlies its jurisdiction is void or inapplicable].

Cour de Cassation, Civ. 1, 13 September 2017, Banque Delubac v. Saatbau Linz, no. 16-18178

Two companies assigned invoices to a bank that were owed by another company under two contracts of sale, each containing an arbitration clause. After having requested the payment, the bank sued the latter company before the French commercial court. First, the Cour de Cassation found that the invoices at issue constituted the implementation of the [...]

2018-01-14T19:05:26+00:00 September 13th, 2017|Cour de cassation|0 Comments