Matter
Atlantic Triton v Republic of Guinea (French Court of Cassation, 18 November 1986)
- 26 October 1984France
26 October 1984France
Judgment of the Rennes Court of Appeal dated 26 October 1984
Rennes Court of Appeal
- Decision summary
- The Rennes Court of Appeal held that the ICSID arbitration clause prevented Atlantic Triton from seeking conservatory measures in the French courts, declared the president of the commercial court incompetent to hear the application, and ordered the release of the conservatory seizure of three vessels. The Court of Cassation later quashed this judgment.
Supporting details
3 participantsAtlantic Triton
Republic of Guinea
Soguipêche
Rennes Court of Appeal
2 years and 23 days later · 753 days
- 18 November 1986France
18 November 1986France
Judgment of the French Court of Cassation, First Civil Chamber dated 18 November 1986
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation rejected the procedural challenge to the timing of the arbitration-clause objection and held that French courts may interpret the Washington Convention. It quashed the Rennes Court of Appeal judgment and held that the Convention did not itself bar a state court from ordering conservatory measures to secure a future ICSID award, absent an express or implied waiver. It also held that urgency was not required to authorize a conservatory seizure of vessels where the claim appeared founded in principle, and remanded the case to the Angers Court of Appeal.
Supporting details
4 authorities · 3 participantsAtlantic Triton
Republic of Guinea
Soguipêche
French Court of Cassation, First Civil Chamber