Arbitral Digest

Matter

Assystem v C & K Coactive and others (French Court of Cassation 13-17.402)

  1. 6 March 2013France

    6 March 2013France

    Judgment of the Toulouse Court of Appeal dated 6 March 2013

    Toulouse Court of Appeal

    Decision summary
    The Toulouse Court of Appeal held that the arbitration clause in the distribution contract covered the dispute concerning defective electronic components and that the state court therefore lacked jurisdiction in favor of the arbitral jurisdiction.

    Supporting details

    11 participants
    Assystem
    ITT Corporation
    C & K Components Inc
    C & K Coactive
    C & K Components France
    Deltron UK
    Deltron France
    Yelloz Components
    Axa
    Avnet EMG
    Avnet Logistics Ltd
    Toulouse Court of Appeal

    1 year, 4 months and 3 days later · 490 days

  2. 9 July 2014France

    9 July 2014France

    Judgment of the French Court of Cassation, First Civil Chamber, in case 13-17.402 dated 9 July 2014

    French Court of Cassation, First Civil Chamber

    Case no.
    13-17.402
    Decision summary
    The Court of Cassation rejected Assystem's appeal and upheld the state court's lack of jurisdiction in favor of arbitration. It held that the arbitration clause in the 8 June 2000 distribution contract was not manifestly inapplicable to the dispute over defective electronic components and was transmitted as an accessory through the chain of contracts transferring ownership; a jurisdiction clause in another contract did not displace arbitral jurisdiction. Assystem was ordered to pay costs and specified sums under Article 700 of the French Code of Civil Procedure.

    Supporting details

    4 authorities · 13 participants
    Assystem
    Representative
    SCP Waquet, Farge et Hazan (For: Assystem)
    ITT Corporation
    C & K Components Inc
    C & K Coactive
    C & K Components France
    C & K Components SAS
    Deltron UK
    Deltron France
    Yelloz Components
    Axa
    Avnet EMG
    Avnet Logistics Ltd
    French Court of Cassation, First Civil Chamber

    Authorities cited

    4
    • French Code of Civil Procedure (Article 1448 of the French Code of Civil Procedure)
      statute
    • French Code of Civil Procedure (Article 1458 of the French Code of Civil Procedure)
      statute
    • French Civil Code (Article 1134 of the French Civil Code)
      statute
    • French Code of Civil Procedure (Article 700 of the French Code of Civil Procedure)
      statute

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Assystem v C & K Coactive and others (French Court of Cassation 13-17.402) · Matter