Reims Court of Appeal, 10 April 2018, E. v. Consorts Y, SEMS 175, SDICS and Tirmant Raulet, no. 17/02824

As a procedural objection, the arbitration clause has to be invoked before any defence on merits, otherwise will be considered inadmissible. Accordingly, the defendant who could raise this objection at first instance but did not, cannot raise this exception for the first time when appealing.

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 [...]

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