Paris Court of Appeal, 27 March 2018, ANTRIX CORPORATION LIMITED v. DEVAS MULTIMEDIA PRIVATE LIMITED, no. 16/03596

Antrix Corporation Ltd (“Antrix”), Indian national company responsible for promoting and marketing the Indian Space Agency’s products and services, entered into, with the Indian company Devas Multimedia Private Ltd (“Devas”), an agreement for the provision of a spectrum on the “band S” in exchange for the payment of a sum denominated “upfront capacity reservation fees”. [...]

Montpellier Court of Appeal, 20 March 2018, Air France c. ACE European Group Limited, Carraig Insurance Limited, Yourway Transport Inc. et Sanofi US Service Inc., no. 16/00330

The Court recalls that a challenge based on an arbitration clause constitutes a challenge to the jurisdiction of the Court and a jurisdictional exception, which must be raised in limine litis. In this case, the claimant raised this challenge for the first time before the Court of Appeal. Hence, the jurisdictional exception based on the [...]

Cour de cassation, 1 civ., 28 February 2018, First Smart Asia Ltd c. Cosfidel premium, no. 16-27823

Cosfidel ordered goods from Fang’s Bag who, for reasons of urgency, shipped them by air freight. Refusing to cover this additional cost, Cosfidel deducted the amount of these transport costs from the invoices issued by First Smart Asia, on behalf of the supplier, for other orders. A dispute linked to these invoices arose and Cosfidel [...]

2018-06-27T05:10:12+02:00February 28th, 2018|Cour de cassation|0 Comments
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