Matter
Alphonse Z... v Roland X... and Firma Waibel (French Court of Cassation, Second Civil Chamber)
Alphonse Z... and Roland X... disputed release of escrowed share-sale proceeds, with French court records applying the agreement's arbitration clause.
Procedural record
- 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.
Participants
Alphonse Z...
Roland X...
Firma Waibel
Colmar Court of Appeal, Second Chamber, Section A
2 years and 4 days later · 735 days
- 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.
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
- Judge
- M. Buffet
- Judge
- M. Etienne
- Judge
- Mme Borra
- Judge
- M. Séné
- Judge
- Mme Bezombes
- Judge
- Mme Batut
- Judge
- Mme Kermina
- Advocate General
- M. Monnet
Other
- Institutional administrator
- Mme Claude Gautier