Montpellier Court of Appeal, 20 March 2018, Air France c. ACE European Group Limited, Carraig Insurance Limited, Yourway Transport Inc. et Sanofi US Service Inc., no. 16/00330

The Court recalls that a challenge based on an arbitration clause constitutes a challenge to the jurisdiction of the Court and a jurisdictional exception, which must be raised in limine litis. In this case, the claimant raised this challenge for the first time before the Court of Appeal. Hence, the jurisdictional exception based on the [...]

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 [...]

Montpellier Court of Appeal, 26 September 2017, G. A. (ACI) v. Negoce Service Environnement, no. 17/00779

The following arbitration clause was declared void: “Any dispute relating to the validity, invalidity, nullity, interpretation, execution, non-performance, extension, interruption, termination or cancellation of this contract shall be resolved exclusively by the means of arbitration of the Commercial Court of Montpellier [French state court]. The arbitration shall be conducted in accordance with the arbitration rules [...]

Montpellier Court of Appeal, 28 June 2017, no. 16/00102

A person without an employment contract, but treated by the company as an employee is legally considered as one. Therefore, an arbitration clause in the bylaws of the company cannot be invoked against this person. Any labour disputes that arise from this relationship are under the exclusive jurisdiction of the Conseil des Prud’hommes [French specialized [...]

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