Matter
Alcatel Business Systems and AGF IART v Amkor Technology Inc and others
- 3 November 2004France
3 November 2004France
Judgment of the Paris Court of Appeal dated 3 November 2004
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal rejected the jurisdiction challenge brought by Alcatel Business Systems and AGF IART in the dispute concerning defective electronic components and referred them to pursue their claims before the competent forum.
Supporting details
6 participantsAlcatel Business Systems
AGF IART
Amkor Technology Inc
Amkor Technology Euroservices
Amkor Wafer Fabrication Services
Anam Semiconductor Inc
Paris Court of Appeal
2 years, 4 months and 24 days later · 874 days
- 27 March 2007France
27 March 2007France
Judgment of the French Court of Cassation, First Civil Chamber dated 27 March 2007
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation rejected the appeal by Alcatel Business Systems and AGF IART against the jurisdiction ruling in their dispute with Amkor and Anam. It held that, in a chain of contracts transferring ownership, an arbitration clause is automatically transmitted as an accessory to the substantive right and right of action, regardless of whether the chain is homogeneous or heterogeneous. The clause in the Amkor–Alcatel Micro Electronics contract therefore bound Alcatel Business Systems, and the Amkor French subsidiaries directly involved in performance could also rely on it. Alcatel Business Systems and AGF IART were ordered to pay the costs and EUR 2,000 jointly to the defendant companies under Article 700 of the New Code of Civil Procedure.
Supporting details
3 authorities · 6 participantsAlcatel Business Systems
AGF IART
Amkor Technology Inc
Amkor Technology Euroservices
Amkor Wafer Fabrication Services
Anam Semiconductor Inc
French Court of Cassation, First Civil Chamber