Arbitral Digest

Matter

Alphonse Z... v Roland X... and Firma Waibel (French Court of Cassation, Second Civil Chamber)

  1. 26 March 1998France

    26 March 1998France

    Judgment of the Colmar Court of Appeal, Second Chamber, Section A dated 26 March 1998

    Colmar Court of Appeal, Second Chamber, Section A

    Decision summary
    The Colmar Court of Appeal held the state court incompetent to order release of the escrowed sale-price balance because the dispute was linked to the share-sale agreement's arbitration clause.

    Supporting details

    3 participants
    Alphonse Z...
    Roland X...
    Firma Waibel
    Colmar Court of Appeal, Second Chamber, Section A

    2 years and 4 days later · 735 days

  2. 30 March 2000France

    30 March 2000France

    Judgment of the French Court of Cassation, Second Civil Chamber dated 30 March 2000

    French Court of Cassation, Second Civil Chamber

    Decision summary
    The Court of Cassation rejected Alphonse Z...'s appeal and held that the state court was incompetent to order release of the escrowed sale-price balance. The escrow arrangement was sufficiently linked to the share-sale agreement, whose arbitration clause covered disputes about the agreement's interpretation or performance, and Alphonse Z... was ordered to pay the costs.

    Supporting details

    1 authority · 14 participants
    Alphonse Z...
    Representative
    SCP Lyon-Caen, Fabiani et Thiriez (For: Alphonse Z...)
    Roland X...
    Representative
    SCP Guiguet, Bachellier et Potier de La Varde (For: Roland X... · Firma Waibel)
    Firma Waibel
    Representative
    SCP Guiguet, Bachellier et Potier de La Varde (For: Roland X... · Firma Waibel)
    French Court of Cassation, Second Civil Chamber
    Advocate General
    M. Monnet
    Other
    Institutional administrator
    Mme Claude Gautier

    Authorities cited

    1
    • French New Code of Civil Procedure
      statute

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Alphonse Z... v Roland X... and Firma Waibel (French Court of Cassation, Second Civil Chamber) · Matter