Chambéry Court of Appeal, 29 May 2018, Holding Ski Higher v. Mrs. A. B., no. 16/01548

The by-laws of the Holding Ski Higher provide that all disputes in relation to the by-laws shall be decided by an arbitral tribunal acting en amiable compositeur. The dispute arose over the revocation of the president of the company. The award ordered the company to pay a compensation to the revoked president. The company appealed. [...]

Cour de cassation, 24 May 2018, Mr. and Mrs. X v. Toulouse Investment Company Leroux, no. 17-18796

By an agreement, containing an arbitration clause, Mr. and Mrs. X undertook to sell to Toulouse Investment Company Leroux 100% of the shares of the Carrosserie peinture system company. A dispute arose over the execution of this agreement. The arbitral award was rendered and subsequently annulled by a court of appeal which found that the [...]

2018-06-27T20:08:25+02:00May 24th, 2018|Cour de cassation|0 Comments

Paris Court of Appeal, 23 January 2018, Christian C., Macris c. ITM Enterprises, no. 16/12618

The plaintiffs contend that the arbitrators pronounced in law and not in equity (amiable compositeur), in violation of the entrusted mission. The Court first recalls the amiable compositeur clause is a conventional waiver of the effects and benefit of the rule of law. The parties therefore lose the prerogative to require the strict application and [...]

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