Arbitral Digest

Matter

Comptoir commercial André v Cotunav

  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.

    Supporting details

    2 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.

    Supporting details

    2 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.

    Supporting details

    3 authorities · 2 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

Matter record

Report a correction

Comptoir commercial André v Cotunav · Matter