SRSI SL (“SRSI”), a company based in Andorra, is an international portage company. SRSI hired Philippe R. by means of a fixed-term contract in order to assign him to two airline companies, controlled by SA Regourd Aviation. The contract contained an arbitration clause. Philippe R. was notified of the termination of his employment contract before [...]
Cour de cassation, 11 April 2018, Honeywell matériaux de friction v. 11 employees, nos. 17-17991, 17-17992, 17-17993, 17-17994, 17-17995, 17-17996, 17-17997, 17-17.998, 17-17999, 17-18000
Two companies entered into a share purchase agreement (“SPA”) and a business transfer agreement. Only the SPA contained an arbitration clause. Some employees brought a tort claim before state courts against the seller and the buyer’s sister company by claiming compensation for the harm incurred due to the presence of asbestos and seeking the companies’ [...]
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 [...]
A project management contract was signed between two companies, including an arbitration clause which stipulates that “in case of dispute about the scope of works performed by the employer, the parties agree to submit their claims to two arbitrators (…), and, in absence of amicable settlement, the dispute between the parties will be submitted to [...]
An EDF employee concluded an insurance contract with Gan company, guaranteeing the risk of disability and incapacity. The contract included an arbitration clause to which the employee requested the annulment of. As his claim was dismissed before the high court and the court of appeal, he appealed before the Cour de cassation. The French Supreme [...]
The arbitration clause provided for in the employment contract was non-binding on the employee. However, no principle of international public policy precludes the employee from exercising this clause against his employer.
A person without an employment contract, but treated by the company as an employee is legally considered as one. Therefore, an arbitration clause in the bylaws of the company cannot be invoked against this person. Any labour disputes that arise from this relationship are under the exclusive jurisdiction of the Conseil des Prud’hommes [French specialized [...]