Grenoble Court of Appeal, 21 March 2018, Mr and Mrs B.C v. Brun Cosme and GWAXS Synergies, no. 18/00005

Following an improper execution of a support contract, two companies have been ordered to jointly pay, subject to penalty, 36 000 euros to two of their clients. This ones have thus challenged the order by considering that the “judge for interim relief” did not have jurisdiction by the arbitration clause contained in the contract. By this occasion, the Court of Appeal dismissed the companies by reminding that the existence of an arbitration clause shall not prevent the referral of the “interim relief judge” under three conditions: (i) in the case of an emergency, (ii) in a procedure intending to stop manifestly unlawful disturbances and (iii) in the case of an arbitral tribunal which is not constituted while the clause is obviously void.

2018-06-27T05:37:37+00:00 March 21st, 2018|Court of Appeal, Grenoble Court of Appeal|0 Comments

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