Cour de Cassation, civil division, 4 July 2018, Honeywell matériaux v. Mr. X and Valeo, nos. 17-22103, 17-22105, 17-22106, 17-22107, 17-22109, 17-22111, 17-22113, 17-22114, 17-22115, 17-22116, 17-22117, 17-22.119, 17-22120, 17-22121, 17-22122 and 17-22123

The Cour de Cassation recalls that a jurisdictional plea based on the existence of an arbitration clause is inadmissible when it is raised for the first time before the Court of appeal.

2018-08-06T21:44:12+00:00 July 4th, 2018|Cour de cassation|0 Comments

Cour de Cassation, commercial division, 4 July 2018, Société Banque Delubac et Cie v. Société M. Agrarhandel GmbH and Société Banque Delubac et Cie v. Werner Tiernahrung GmbH, nos 17-13067 and 17-13069

On 4 July 2018, the Cour de Cassation issued decisions in two cases with slightly different factual backgrounds but with the same solution. In the first case, the German company Mr. Agrarhandel GmbH and the French companies Tiwy and Etablissements Laboulet (“Laboulet”) sold sunflower seeds to each other. In the second case, another German company [...]

2018-08-06T21:41:58+00:00 July 4th, 2018|Cour de cassation|0 Comments

Cour de Cassation, civil division, 28 June 2018, Total Outre-mer v. Mr. X., no. 17-17340

The company Total Outre-mer and Mr. X. are shareholders of the Algerian company Total Bitumes Algeria. They are bound by a shareholders’ agreement containing an option for Total Outre-mer to acquire the shares of minority shareholders in the event of disagreement. This agreement contains an arbitration clause. An arbitral award of 9 June 2009 ordered [...]

2018-08-06T21:33:11+00:00 June 28th, 2018|Cour de cassation|0 Comments

Cour de cassation, 24 May 2018, Mr. and Mrs. X v. Toulouse Investment Company Leroux, no. 17-18796

By an agreement, containing an arbitration clause, Mr. and Mrs. X undertook to sell to Toulouse Investment Company Leroux 100% of the shares of the Carrosserie peinture system company. A dispute arose over the execution of this agreement. The arbitral award was rendered and subsequently annulled by a court of appeal which found that the [...]

2018-06-27T20:08:25+00:00 May 24th, 2018|Cour de cassation|0 Comments

Belgium, Cour de cassation, 4 May 2018, Inter real estate trusty vs. Savills fund management, Balni and Befimmo, no. C.16.0145.F

An arbitral award was issued in a dispute between Inter real estate trusty and Savills fund management, Balni and Befimmo. An appeal was lodged against the arbitral award in order to obtain its annulment. The Brussels Court of appeal dismissed the request by a decision rendered on 21 April 2015. Inter real estate trusty challenged [...]

2018-07-02T14:58:09+00:00 May 4th, 2018|Cour de cassation|0 Comments

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

Cour de Cassation, 28 March 2018, Energoalians TOB v. Republic of Moldova (UNCITRAL), no. 16-16568

Energoalians started arbitration procedures, governed by the UNCITRAL Rules, on the basis of the Energy Charter, against the State of Moldova. By an award dated 2003 an arbitral tribunal found that the State was liable for a breach of the fair and equitable treatment and awarded reparation to the investor. Moldova initiated the annulment proceedings [...]

2018-06-27T22:20:00+00:00 March 28th, 2018|Cour de cassation|0 Comments

Cour de Cassation, 28 March 2018, M. Y. v. Jean-François X., no. 15-16909

Within the framework of a building restructuring project, Royal Annecy entrusted the realization of one part to Elitec. The two companies entered into an agreement stating that any future disputes would be submitted to the mediation of Mr. Y. In case of disagreement over the mediation, the parties were supposed to constitute an arbitral tribunal, [...]

2018-06-27T22:17:50+00:00 March 28th, 2018|Cour de cassation|0 Comments

Cour de cassation, 2 civ., 22 March 2018, Développement de l’agro-alimentaire du terroir & Consorts Y v. SHDA, no. 17-11.057

Following an assignment of shares, SHDA brought an action before a High Court with several claims. Consorts Y raised a jurisdictional plea for the benefit of the arbitral tribunal in accordance with the arbitration clause stipulated in the shares protocol. They objected the order of the pre-trial judge who stated that the state courts were [...]

2018-06-27T05:12:13+00:00 March 22nd, 2018|Cour de cassation|0 Comments

Cour de cassation, 1 civ., 28 February 2018, The Democratic Republic of the Congo v. Energoinvest, no. 16-22126

The Democratic Republic of Congo signed an agreement for the construction and financing of a high-voltage line with Energoinvest. Energoinvest, after initiating arbitration for the collection of outstanding payments, assigned its debt to FG Hemisphere Associates LLC. The latter asked for the exequatur in France of the award rendered in Zurich, condemning the Democratic Republic [...]

2018-05-01T15:18:21+00:00 February 28th, 2018|Cour de cassation|0 Comments