Versailles Court of Appeal, 12 December 2017, Phoenix International Publications France v. Best of Company, no. 17/05541

Two companies negotiated a distribution agreement including an arbitration clause. A dispute arose. One of the companies asserted the arbitration clause did not apply as the parties were still “talking”. The Court of Appeal stated that the intention of the parties was to make the clause applicable (contract signature, performance already started).

Aix-en-Provence Court of Appeal, 8 December 2017, F. G. c. IMCV, et al., no. 17/00701

An award seeking, among other things, to exclude a natural person from a company was subject to provisional enforcement. The Court dismissed the demand of the excluded member to suspend the enforcement. The absence of remuneration for management of the company, dependent children, credit or absence of a professional activity, do not constitute manifestly excessive [...]

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