Arbitral Digest

Matter

Aramis Entreprises Company v Tranvast Shipping co Limited (Paris Court of Appeal 23/15198)

  1. 6 December 2016France

    6 December 2016France

    Order of the Dunkerque Commercial Court dated 6 December 2016

    Dunkerque Commercial Court

    Case no.
    RG 2016R00036
    Decision summary
    The President of the Dunkerque Commercial Court authorized Aramis to seize the bauxite cargo conservatorily and consign it with a third party to secure its claims for unpaid freight and bunkers.

    3 days later · 3 days

  2. 9 December 2016France

    9 December 2016France

    Order of the Dunkerque Commercial Court dated 9 December 2016

    Dunkerque Commercial Court

    Case no.
    RG 2016R00036
    Decision summary
    The President of the Dunkerque Commercial Court authorized the conservatory seizure and third-party consignment of the cargo to secure Aramis’s claims for unpaid freight and bunkers.

    11 days later · 11 days

  3. 20 December 2016France

    20 December 2016France

    Interim order of the Dunkerque Commercial Court dated 20 December 2016

    Dunkerque Commercial Court

    Case no.
    RG 2016R00036
    Decision summary
    The President of the Dunkerque Commercial Court confirmed the joined proceedings, limited the seizures to 70 tonnes of bauxite against USD 10,000 security, declined to order sale of the remaining cargo, and divided costs between Aramis and Tranvast.

    4 months and 7 days later · 128 days

  4. 27 April 2017France

    27 April 2017France

    Judgment of the Douai Court of Appeal dated 27 April 2017

    Douai Court of Appeal

    Decision summary
    The Douai Court of Appeal ordered release of the two cargo seizures, rejected Aramis’s claims, recorded Traxys’s USD 9,500 undertaking tied to a final arbitral award, and ordered Aramis to pay Traxys EUR 10,000 under article 700 of the French Code of Civil Procedure.

    18 days later · 18 days

  5. 15 May 2017Arbitration

    15 May 2017Arbitration

    Arbitral award dated 15 May 2017

    Decision summary
    The arbitral award condemned Tranvast Shipping to pay Aramis Entreprises Company; Traxys later paid USD 9,500 to Aramis in execution of that award.

    Supporting details

    2 participants
    Aramis Entreprises Company
    Tranvast Shipping co Limited

    1 year, 7 months and 4 days later · 583 days

  6. 19 December 2018France

    19 December 2018France

    Judgment of the French Court of Cassation dated 19 December 2018

    French Court of Cassation, Commercial, Financial and Economic Chamber

    Case no.
    17-18.900
    Decision summary
    The French Court of Cassation quashed the Douai Court of Appeal judgment of 27 April 2017 for raising the absence of a connection between Aramis’s claim and the cargo without inviting the parties to address it, and remitted the case to the Douai Court of Appeal.

    1 year, 6 months and 6 days later · 554 days

  7. 25 June 2020France

    25 June 2020France

    Judgment of the Douai Court of Appeal dated 25 June 2020

    Douai Court of Appeal, Chamber 2, Section 1

    Case no.
    RG 19/00970
    Decision summary
    The Douai Court of Appeal reversed the Dunkerque interim order and required Traxys to return or consign 2,930 tonnes of bauxite to secure Aramis’s claimed unpaid freight and bunkers, awarding Aramis EUR 10,000 in appeal costs.

    2 years, 11 months and 20 days later · 1084 days

  8. 14 June 2023France

    14 June 2023France

    Judgment of the French Court of Cassation dated 14 June 2023

    French Court of Cassation, Commercial, Financial and Economic Chamber

    Case no.
    20-19.948
    Decision summary
    The French Court of Cassation quashed the Douai judgment of 25 June 2020 because it had not established the required material or legal connection between Aramis’s claim and cargo owned by a third party, and remitted the case to the Paris Court of Appeal.

    1 year, 9 months and 13 days later · 652 days

  9. 27 March 2025France

    27 March 2025France

    Judgment of the Paris Court of Appeal in case 23/15198 dated 27 March 2025

    Paris Court of Appeal, Division 5, Chamber 5

    Case no.
    23/15198
    Decision summary
    On remand, the Paris Court of Appeal held that Aramis could not enforce contractual or legal retention rights against Traxys’s cargo because the contractual and material connections were not established and Traxys had paid the remaining freight. It ordered release of both seizures, rejected Aramis’s restitution and consignment claims, and ordered Aramis to pay Traxys EUR 15,000 under article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    12 authorities · 11 participants
    Aramis Entreprises Company
    Representative
    Marion Charbonnier (For: Aramis Entreprises Company)
    Representative
    Henri Najjar (For: Aramis Entreprises Company)
    S.A.S. Traxys France
    Representative
    François Teytaud (For: S.A.S. Traxys France)
    Representative
    Christophe Nicolas (For: S.A.S. Traxys France)
    Tranvast Shipping co Limited
    Paris Court of Appeal, Division 5, Chamber 5
    Other
    Court Reporter
    Maxime Martinez

    Authorities cited

    12
    • French Civil Code (Article 2286 of the French Civil Code)
      statute
    • French Civil Code (Article 1165 of the French Civil Code)
      statute
    • French Civil Code (Article 1199 of the French Civil Code)
      statute
    • French Transport Code (Article L5422-8 of the French Transport Code)
      statute
    • French Transport Code (Article L5423-1 of the French Transport Code)
      statute
    • French Transport Code (Article L5423-3 of the French Transport Code)
      statute
    • French Transport Code (Articles R5422-15 and R5422-20 of the French Transport Code)
      statute
    • French Code of Civil Enforcement Procedures (Article L.111-10 of the French Code of Civil Enforcement Procedures)
      statute
    • French Decree No. 66 of 31 December 1966 on Charter and Maritime Transport Contracts (Articles 3 and 48 of French Decree No. 66 of 31 December 1966 on Charter and Maritime Transport Contracts)
      statute
    • French Code of Civil Procedure (Articles 15 and 16 of the French Code of Civil Procedure)
      statute
    • French Code of Civil Procedure (Article 455 of the French Code of Civil Procedure)
      statute
    • French Code of Civil Procedure (Article 700 of the French Code of Civil Procedure)
      statute

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Aramis Entreprises Company v Tranvast Shipping co Limited (Paris Court of Appeal 23/15198) · Matter