Paris Court of Appeal, 29 May 2018, Elcir v. Bouygues Batiment Ile de France, no. 15/20168

Bouygues Bâtiment IDF (Bouygues) and the Lebanese company Elcir entered into a sub-contracting agreement relating to construction work in Paris. A dispute subsequently arose, leading Bouygues to initiate arbitral proceedings and to designate an arbitrator. The latter was disqualified by Elcir and replaced by another arbitrator, also listed in the list attached to the arbitral [...]

Paris Court of Appeal, 29 May 2018, Wilkes Participacoes and Companhia Brasileira de Distribuicao SA v. Morzan Empreendimentos E Participações Ltda, no. 15/23187

Mandal, Companhia Brasileira de Distribuicao (CBD)’s wholly owned subsidiary, entered into a sales and purchase agreement (SPA) of Globex shares with Globex’s major shareholders (designated as Morzan). Morzan found that CBD did not abide by the payment terms. Consequently, Morzan initiated arbitral proceedings against CBD and its major shareholder, the brazilian company Wilkes Participações SA [...]

Paris Court of Appeal, 29 May 2018, Priosma Limited v. E, no. 16/12944

Two brokerage firms, E, belonging to the COVEA group and KBS Ltd, entered into a co-brokerage agreement on 16 February 2011, which contained an arbitration clause. Following the transformation of the company KBS Ltd into Priosma Ltd, the COVEA group appointed this new company as the substitute of KBS Ltd in a letter dated 30 [...]

Paris Court of Appeal, 29 May 2018, Federal State Unitary Enterprise Russian Satellite Communications Company v. Orion Satellite Communications and Céleste Financial Holding, no. 17/16484

By a contract of 4 October 2001, Russian State Enterprise Russian Satellite Communications Company (“RSCC”) sold 20 million shares of a French company Eutelsat to Orion Satellite Communications Inc. (“Orion”). The contract contained a UNCITRAL arbitration clause. On 11 March 2002, Orion sold to Geosat 3 the rights it held in the acquisition of these shares. [...]

Paris Court of Appeal, 24 May 2018, Mr. B. C. v. Company Autoridad del Canal de Panama and Standard Chartered Bank, no. 17/08685

On 24 May 2018, the Paris Court of Appeal confirms the judgment lifting the attachment order obtained by Mr. Laurent Parienti pursuant to the arbitral award rendered in his favor against the Panama Republic and the Panama Canal Authority. To enforce this award, the investor had seized the accounts of the Panama Canal Authority at [...]

Paris Court of Appeal, 24 May 2018, Mr. and Mrs. A. v. Cerner Middle East Ltd, no. 17/10643

By an arbitral award, Mr. and Mrs. A. and Icapital Llc were ordered to pay a certain sum to Cerner Middle East. Cerner Middle East obtained attachments on the basis of the award. An annulment proceeding brought against that award is pending. The pre-trial counselor of the Paris Court of Appeal suspended the provisional execution of [...]

Paris Court of Appeal, 22 May 2018, Spouses Z v. ITM Sud Ouest, no. 16/24803

A trade-name license agreement for the operation of a store was concluded between ITM and Joriane, a company controlled and managed by the Spouses Z. In 2002, ITM undertook to buy (“promesse unilatérale d’achat”) the shares of Joriane company over a period of 10 years, this unilateral commitment included an arbitration clause. A decision in [...]

Paris Court of Appeal, 17 May 2018, Philippe R. v. SA Regourd aviation and SRSI, no. 17/14891

SRSI SL (“SRSI”), a company based in Andorra, is an international portage company. SRSI hired Philippe R. by means of a fixed-term contract in order to assign him to two airline companies, controlled by SA Regourd Aviation. The contract contained an arbitration clause. Philippe R. was notified of the termination of his employment contract before [...]

Paris Court of Appeal, 9 May 2018, Commissions Import Export (Commisimpex) v. Republic of Congo and Air France, no. 17/06024

By two arbitral awards dated 3 December 2000 and 21 January 2013, the Democratic Republic of the Congo was ordered to pay to the company Commisimpex (“Commisimpex”) the total amount of 986,000,000.00 euros (respectively 232,000,000.00 and 754,000,000.00 euros). The enforceability of these awards had been recognized in France. By order dated 14 November 2016, Commisimpex [...]

Paris Court of Appeal, 4 May 2018, Aperam Stainless France v. Mutares Holding-27 AG, no. 17/23095

By a contract dated 21 March 2017, the French company Aperam Stainless France (“Aperam”) sold to Mutares Holding-27 AG (“Mutares”), a German company, the entire share capital of a company and that of its subsidiary. The price was set at one euro, but the contract included a mechanism to adjust the final price thereafter. As [...]