The argument of an absence of professional activity cannot render null and void an arbitration clause inserted in a franchise agreement that has never been executed.
An arbitration clause contained in a contract cannot be made void or inapplicable in the following circumstances: - The action is based on an event which occurred prior to the contractual relationship; - The behaviour at stake may constitute a criminal offence; - The public policy provisions are applicable to the merits of the dispute [...]
Montpellier Court of Appeal, 26 September 2017, G. A. (ACI) v. Negoce Service Environnement, no. 17/00779
The following arbitration clause was declared void: “Any dispute relating to the validity, invalidity, nullity, interpretation, execution, non-performance, extension, interruption, termination or cancellation of this contract shall be resolved exclusively by the means of arbitration of the Commercial Court of Montpellier [French state court]. The arbitration shall be conducted in accordance with the arbitration rules [...]
Paris Court of Appeal, 21 September 2017, D.C., K. R., P. P., G. N., O. L. et Bio- Optima v. J. Lévy, no. 16/08619
An arbitration clause provided for recourse to arbitration before the President of the French association of pharmacists. The President refused his appointment, on the grounds that his mission was confined only to conciliation. The Court of Appeal denied the jurisdiction of the State courts, in favour of the arbitral tribunal, since the clause was not [...]