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 [...]
Airbus Group entered into several contracts in 2013, 2014 and 2015 with Asian Sky Group (“ASG”), a company registered in Hong Kong, for consulting activities in the field of aviation. ASG, considering it had completed its missions, issued several invoices for a total amount of $ 1,810,000. Despite several orders to pay and a formal [...]
Bionest hired Mr. CE, who was then appointed as chief executive officer. A dispute arises between the parties, relative to the payment of salaries. Mr. CE assigns Bionest before the emergency judge, which condemns the company. Bionis appealed this decision and raises, in particular, the lack of jurisdiction of the court because of the existence [...]
The National Bank of Moldova suspended the participation of shareholders in a local bank for not having obtained due authorisation for collective purchase of the shares. The companies, including Russian Evrobalt and Kompozit, first brought separate emergency proceedings to stop the suspension. Two emergency arbitrators came to two opposite conclusions. Later the two banks filed [...]
The President of the arbitral tribunal granted an emergency protection order to US-Russian citizen, Igor Boyko, pending his application for interim relief. Mr. Boyko argues to having been violently beaten while in the custody of Ukrainian police. Ukraine denies the responsibility. The main dispute concerns expropriation of Boyko’s chocolate factory by Ukraine.
A contract concluded between the parties contained an arbitration clause. A dispute arose over the payment of a commission under the contract. The creditor summoned its debtor before the president of the commercial court claiming for interim payment. The Court indicated that due to the presence of the arbitration clause, interim relief remains exceptional, subject [...]
Before the arbitral tribunal is constituted, the absence of representatives of the company and of statements of accounts fulfil the criterion of urgency necessary to establish the jurisdiction of an urgent applications judge.
Caen Court of Appeal, 5 October 2017, Chabrières, ITM Entreprises & Mousquetaires v. Cacobène, Mr & Mrs C., no. 16/04658
The existence of an arbitration clause in a contract binding the parties does not prevent urgent applications judges to order provisional investigation measures provided that the arbitral tribunal is not constituted.