Arbitral Digest

Matter

Ascot Commodities v Bocar Z... Y... (French Court of Cassation P 16-24.525)

  1. 24 December 2013Senegal

    24 December 2013Senegal

    Dakar Special-Class Regional Court judgment of 24 December 2013

    Dakar Special-Class Regional Court

    Decision summary
    The Dakar Special-Class Regional Court annulled article 4 of the pledge agreement and the escrow agreement and ordered an expert examination in the dispute between Bocar Z... Y... and Ascot Commodities.

    Supporting details

    2 participants
    Bocar Z... Y...
    Ascot Commodities
    Dakar Special-Class Regional Court

    6 months and 27 days later · 209 days

  2. 21 July 2014Arbitration

    21 July 2014Arbitration

    Arbitral award rendered on 21 July 2014

    Decision summary
    The arbitral tribunal determined Ascot Commodities' claim against Bocar Z... Y... arising from the parties' sale contracts, including the debt's due date, partial payments, and interest.

    Supporting details

    2 participants
    Bocar Z... Y...
    Ascot Commodities

    6 months and 2 days later · 186 days

  3. 23 January 2015Senegal

    23 January 2015Senegal

    Dakar Court of Appeal judgment of 23 January 2015

    Dakar Court of Appeal

    Decision summary
    The Dakar Court of Appeal confirmed the annulment of article 4 of the pledge agreement, modified the treatment of the expert examination and escrow agreement, annulled article 2 of the escrow agreement, and referred calculation of the balance to the arbitral tribunal.

    Supporting details

    2 participants
    Bocar Z... Y...
    Ascot Commodities
    Dakar Court of Appeal

    1 year, 3 months and 17 days later · 473 days

  4. 10 May 2016France

    10 May 2016France

    Paris Court of Appeal, Division 1, Chamber 1 judgment of 10 May 2016

    Paris Court of Appeal, Division 1, Chamber 1

    Decision summary
    The Paris Court of Appeal rejected Bocar Z... Y... 's application to set aside the 21 July 2014 arbitral award. It held that the tribunal had not exceeded its jurisdiction or mission by considering the pledge and escrow arrangements in resolving the sale-contract claim, and rejected the public-policy objection based on the Senegalese decisions because they had not obtained exequatur in France.

    Supporting details

    2 participants
    Bocar Z... Y...
    Ascot Commodities
    Paris Court of Appeal, Division 1, Chamber 1

    1 year, 6 months and 19 days later · 568 days

  5. 29 November 2017France

    29 November 2017France

    Decision No. 10721 F of the French Court of Cassation, First Civil Chamber in case P 16-24.525 dated 29 November 2017

    French Court of Cassation, First Civil Chamber

    Case no.
    P 16-24.525
    Decision summary
    The Court of Cassation rejected Bocar Z... Y...'s appeal against the Paris Court of Appeal judgment concerning the 21 July 2014 arbitral award. It held that the tribunal could consider the pledge and escrow arrangements as facts necessary to resolve the sale-contract dispute without exceeding its jurisdiction or mission, and rejected the international-public-policy challenge because the Senegalese decisions had not obtained exequatur in France. Bocar Z... Y... was ordered to pay the costs and EUR 3,000 to Ascot Commodities under article 700 of the French Code of Civil Procedure.

    Supporting details

    2 authorities · 8 participants
    Bocar Z... Y...
    Representative
    SCP Odent et Poulet (For: Bocar Z... Y...)
    Ascot Commodities
    Representative
    SCP Nicolaÿ, de Lanouvelle et Hannotin (For: Ascot Commodities)
    French Court of Cassation, First Civil Chamber
    Judge
    M. X...
    Other
    Institutional administrator
    Mme Pecquenard

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • OHADA Uniform Act
      statute

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Ascot Commodities v Bocar Z... Y... (French Court of Cassation P 16-24.525) · Matter