Arbitral Digest

Matter

Akthea v Encore Orthopedics Inc (French Court of Cassation)

Seat
United Kingdom
Applicable rules
ICC Conciliation and Arbitration Rules
  1. 21 July 2003United Kingdom

    21 July 2003United Kingdom

    Arbitral award of 21 July 2003

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The award resolved the distribution dispute between Akthea and Encore Orthopedics and ordered Akthea to pay amounts due to Encore Orthopedics.

    Supporting details

    2 participants
    Akthea
    Encore Orthopedics Inc
    International Court of Arbitration of the International Chamber of Commerce

    4 years, 5 months and 18 days later · 1632 days

  2. 8 January 2008France

    8 January 2008France

    Judgment of the Toulouse Court of Appeal dated 8 January 2008

    Toulouse Court of Appeal

    Decision summary
    The Toulouse Court of Appeal confirmed the lower court's decision retaining jurisdiction over the liquidator's action concerning Encore Orthopedics' alleged support of Akthea and contribution to its liabilities, despite the arbitration clause.

    Supporting details

    2 participants
    M. X...
    Encore Orthopedics Inc
    Toulouse Court of Appeal

    1 year, 5 months and 23 days later · 540 days

  3. 1 July 2009France

    1 July 2009France

    Judgment of the French Court of Cassation, First Civil Chamber dated 1 July 2009

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected Encore Orthopedics Inc's appeal and held that the liquidator's action for abusive support and contribution to Akthea's liabilities was outside the arbitration clause because the liquidator was not a party to it. Encore Orthopedics Inc was ordered to pay costs and 2,500 euros under Article 700 of the Code of Civil Procedure.

    Supporting details

    2 authorities · 3 participants
    M. X...
    Encore Orthopedics Inc
    Representative
    Me Y... (For: Encore Orthopedics Inc)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • Decree dated 28 December 2005
      statute

    4 months and 4 days later · 127 days

  4. 5 November 2009France

    5 November 2009France

    Judgment of the Versailles Court of Appeal dated 5 November 2009

    Versailles Court of Appeal

    Decision summary
    The Versailles Court of Appeal held that Article 17 of the Akthea–Encore Orthopedics distribution agreement was opposable to the mandataire ad hoc, rejected his jurisdictional challenge, and referred the parties to arbitration for the claims concerning the agreement's validity.

    Supporting details

    2 participants
    Pierre-Alain X...
    Encore Orthopedics Inc
    Versailles Court of Appeal

    1 year, 2 months and 21 days later · 447 days

  5. 26 January 2011France

    26 January 2011France

    Judgment of the French Court of Cassation, First Civil Chamber dated 26 January 2011

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected the appeal and held that the arbitration clause remained opposable to Pierre-Alain X..., acting for Akthea, because the alleged pre-contractual fraud and concealment claims concerned the validity of the distribution agreement. Pierre-Alain X... was ordered to pay costs and 3,000 euros under Article 700 of the Code of Civil Procedure.

    Supporting details

    2 authorities · 3 participants
    Pierre-Alain X...
    Representative
    SCP Tiffreau et Corlay (For: Pierre-Alain X...)
    Encore Orthopedics Inc
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
  6. Date not availableFrance

    Date not availableFrance

    Judgment of the Montauban Commercial Court

    Montauban Commercial Court

    Decision summary
    The Montauban Commercial Court retained jurisdiction over the liquidator's action against Encore Orthopedics and treated the arbitration clause between Akthea and Encore Orthopedics as unavailable in that proceeding.

    Supporting details

    2 participants
    M. X...
    Encore Orthopedics Inc
    Montauban Commercial Court
  7. Date not availableFrance

    Date not availableFrance

    Judgment of the Versailles Commercial Court

    Versailles Commercial Court

    Decision summary
    The Versailles Commercial Court held that Article 17 of the distribution agreement was opposable to Pierre-Alain X..., rejected his claims, and declined jurisdiction in favor of arbitration.

    Supporting details

    2 participants
    Pierre-Alain X...
    Encore Orthopedics Inc
    Versailles Commercial Court

Matter record

Report a correction

Akthea v Encore Orthopedics Inc (French Court of Cassation) · Matter