Comptoir commercial André v Cotunav

Procedural record

1. 21 April 1988Arbitration

   21 April 1988Arbitration

   Arbitral Award dated 21 April 1988

   Paris Arbitration Chamber

   Decision summary

   The award placed on Cotunav the costs arising from its failure to comply with obligations concerning the designation of the vessel.

   Participants

   Comptoir commercial André

   Cotunav

   Paris Arbitration Chamber

   1 year, 7 months and 7 days later · 586 days

2. 28 November 1989France

   28 November 1989France

   Judgment of the Paris Court of Appeal dated 28 November 1989

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal rejected Cotunav's application to annul the 21 April 1988 arbitral award, holding that by participating in performance of the agreement, Cotunav accepted the obligations and technical terms applicable to the carrier, including the arbitration clause, despite not signing the agreement.

   Participants

   Cotunav

   Comptoir commercial André

   Paris Court of Appeal

   1 year, 6 months and 28 days later · 574 days

3. 25 June 1991France

   25 June 1991France

   Judgment of the French Court of Cassation dated 25 June 1991

   French Court of Cassation

   Decision summary

   The French Court of Cassation rejected Cotunav's appeal against refusal to annul the 21 April 1988 arbitral award. It held that Cotunav ratified the agreement and its arbitration clause by knowingly participating in its performance and accepting the obligations and technical terms applicable to the carrier.

   Participants

   Cotunav

   Comptoir commercial André

   French Court of Cassation

   Authorities cited

   3

   • French New Code of Civil Procedure, Article 1502(1)
     statute
   • French Civil Code, Article 1134
     statute
   • French Civil Code, Article 1165
     statute