Paris Court of Appeal, 21 March 2018, SMP Technologies v. Axon Enterprise, no. 18/01877

The Axon Enterprise company, known as the manufacturer of the “Taser” weapons entrusted a French company the exclusive distribution of its product in the French territory. In the distribution contract, Article 13 provided that in the event of a dispute, an arbitration under the American Arbitration Association Rules, with the place of arbitration fixed in the State of Arizona. Following the termination of the contract, the Axon company committed to keep his supplier informed of the number of sales of “Taser” on the French market and to pay a commission of 8% on it. The SMP company, left without information, assigned the Commercial Tribunal of Marseille by invoking the termination of their longstanding business relationships provided in the Article L. 442-6-I of the French Commercial Code. The Tribunal declared its lack of jurisdiction, following an appeal initiated by the SMP company, the Court of Appeal confirmed the judgement by stating that basing requests on Article L.442-6-I-5° of the French Commercial Code, which is a public policy provision, does not exclude recourse to arbitration.

2018-06-27T05:33:21+00:00 March 21st, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

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