The Airbus Helicopters company concluded with a company incorporated under Nigerian law, two consultant contracts to develop helicopters sales of the Airbus Helicopters company in Nigeria. During the execution of the contract, a dispute appeared about the remuneration of the Nigerian consultant, the HP Technical company assigned thus the French company before the Commercial Tribunal [...]
Rennes Court of Appeal, 13 March 2018, M. François C. v. Société PSE Print Solution Entreprise SAS and others, no. 16/00477
A founding shareholder (the seller) sells the entirety of his company’s share capital (the sold company) to another company (the buyer). The agreement contains a non-competition clause which binds the seller. However, the seller violates this clause by acquiring shares, via his spouse, in a rival company. The sold company brings a tort action against [...]
The High Court of Justice sets aside an investment arbitration award as the tribunal interpreted an underlying investment treaty too narrowly when it declined jurisdiction over certain claims. The award on jurisdiction dated 15 February 2017 was rendered in SCC arbitration seated in London, under the Treaty between Poland, Belgium and Luxembourg (the “BIT”). The [...]
Aix-en-Provence Court of Appeal, 7 December 2017, INPS Groupe & Provence Copy v. Neos Technologie, no. 16/13984
Abuse of right cannot be set aside of the arbitral tribunal’s jurisdiction, especially as the arbitration clause included in the agreement conferred to the arbitral tribunal, jurisdiction regarding “any dispute”, without restriction to particular dispute.
The Togolese Republic leased some real estate to Accor Afrique SAS. The dispute between the parties concerned the extent of the work to be done by the lessee and the right to renewal of the lease. The arbitration clause contained in the lease agreement was as follows: “(...) Any dispute arising out of the interpretation [...]