Reims Court of Appeal, 10 April 2018, E. v. Consorts Y, SEMS 175, SDICS and Tirmant Raulet, no. 17/02824

As a procedural objection, the arbitration clause has to be invoked before any defence on merits, otherwise will be considered inadmissible. Accordingly, the defendant who could raise this objection at first instance but did not, cannot raise this exception for the first time when appealing.