Arbitral Digest

Matter

APAX Partners v Marsa Fashion Company, Fino and Partner Textile (Paris Court of Appeal 09/18018)

Applicable rules
French Code of Civil Procedure
  1. 30 July 2009Arbitration

    30 July 2009Arbitration

    Arbitral Award rendered on 30 July 2009

    Decision summary
    The tribunal ordered APAX Partners SA to pay Marsa Fashion Company EUR 7,000,000 for loss of chance and EUR 500,000 for moral damage, and Fino EUR 2,000,000 for loss of chance and EUR 500,000 for moral damage. Partner Textile made no claim under those heads, and the tribunal rejected APAX's counterclaim.

    Supporting details

    7 participants
    SA APAX PARTNERS
    S.A.R.L. MARSA FASHION COMPANY
    S.A. FINO
    S.A.R.L. PARTNER TEXTILE
    Institution
    Arbitrator
    Michel ROUGER

    1 year, 3 months and 10 days later · 467 days

  2. 9 November 2010France

    9 November 2010France

    Judgment of the Paris Court of Appeal in case 09/18018 dated 9 November 2010

    Paris Court of Appeal, Pôle 1 - Chamber 1

    Case no.
    09/18018
    Decision summary
    The Paris Court of Appeal rejected APAX Partners SA's application to set aside the 30 July 2009 arbitral award, holding that the tribunal had respected the principle of adversarial proceedings and had not violated international procedural public policy or equality of arms. It ordered APAX to pay Marsa Fashion Company, Fino and Partner Textile EUR 65,000 jointly under article 700 of the French Code of Civil Procedure, rejected APAX's own article 700 claim, and ordered APAX to pay costs.

    Supporting details

    1 authority · 13 participants
    SA APAX PARTNERS
    Representative
    SCP DUBOSCQ - PELLERIN (For: SA APAX PARTNERS)
    Representative
    Emmanuel GAILLARD (For: SA APAX PARTNERS)
    Representative
    SHEARMAN & STERLING (For: SA APAX PARTNERS)
    S.A.R.L. MARSA FASHION COMPANY
    Representative
    SCP BOLLING - DURAND - LALLEMENT (For: S.A.R.L. MARSA FASHION COMPANY · S.A. FINO · S.A.R.L. PARTNER TEXTILE)
    Representative
    Karim MISSAOUI (For: S.A.R.L. MARSA FASHION COMPANY · S.A. FINO · S.A.R.L. PARTNER TEXTILE)
    S.A. FINO
    Representative
    SCP BOLLING - DURAND - LALLEMENT (For: S.A.R.L. MARSA FASHION COMPANY · S.A. FINO · S.A.R.L. PARTNER TEXTILE)
    Representative
    Karim MISSAOUI (For: S.A.R.L. MARSA FASHION COMPANY · S.A. FINO · S.A.R.L. PARTNER TEXTILE)
    S.A.R.L. PARTNER TEXTILE
    Representative
    SCP BOLLING - DURAND - LALLEMENT (For: S.A.R.L. MARSA FASHION COMPANY · S.A. FINO · S.A.R.L. PARTNER TEXTILE)
    Representative
    Karim MISSAOUI (For: S.A.R.L. MARSA FASHION COMPANY · S.A. FINO · S.A.R.L. PARTNER TEXTILE)
    Paris Court of Appeal, Pôle 1 - Chamber 1
    Judge
    MATET
    Judge
    GUIHAL
    Judge
    DALLERY
    Other
    Institutional administrator
    PATE

    Authorities cited

    1
    • French Code of Civil Procedure
      statute

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APAX Partners v Marsa Fashion Company, Fino and Partner Textile (Paris Court of Appeal 09/18018) · Matter