Arbitral Digest

Matter

[B] [Z] v Coudert Frères and Coudert Brothers LLP (Paris Court of Appeal 08/10730)

Applicable rules
Paris Bar Rules
  1. 4 November 2003Arbitration

    4 November 2003Arbitration

    Arbitral sentence of the President of the Paris Bar dated 4 November 2003

    Paris Bar Association

    Decision summary
    The delegate of the President of the Paris Bar, acting as arbitrator, declared the arbitration competent and ordered the parties to submit arguments on the merits.

    Supporting details

    3 participants
    [B] [Z]
    Coudert Frères
    Paris Bar Association

    3 months and 26 days later · 118 days

  2. 1 March 2004France

    1 March 2004France

    Judgment of the Paris Court of Appeal dated 1 March 2004

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal rejected Coudert's application to annul the 4 November 2003 arbitral sentence; the judgment became final after the appeal was dismissed.

    3 months and 27 days later · 119 days

  3. 28 June 2004Arbitration

    28 June 2004Arbitration

    New York arbitral award dated 28 June 2004

    Paris Bar Association

    Decision summary
    The arbitral tribunal ordered Coudert Brothers LLP to repay USD 225,500 contributed to the structure in 1988 and to pay the share of profits remaining due for 2003.

    Supporting details

    2 participants
    [B] [Z]
    Coudert Brothers LLP
    Paris Bar Association

    6 months and 7 days later · 190 days

  4. 4 January 2005Arbitration

    4 January 2005Arbitration

    Arbitral sentence of the President of the Paris Bar dated 4 January 2005

    Paris Bar Association

    Decision summary
    The arbitrator held that the notice-pay claim fell within the arbitration and ordered Coudert Frères to pay the euro equivalent on 13 November 2003 of USD 287,142.87; the arbitrator declined jurisdiction over the other claims, which concerned the partnership statutes and arbitration clause.

    Supporting details

    3 participants
    [B] [Z]
    Coudert Frères
    Paris Bar Association

    8 months and 10 days later · 253 days

  5. 14 September 2005United States

    14 September 2005United States

    Decision of the District Court of New York dated 14 September 2005

    District Court of New York

    Decision summary
    The District Court of New York confirmed the 28 June 2004 New York arbitral award after Coudert sought its annulment.

    5 months later · 153 days

  6. 14 February 2006France

    14 February 2006France

    Judgment of the Paris Court of Appeal dated 14 February 2006

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal annulled the 4 January 2005 arbitral sentence, declined to examine the parties' other claims on the merits, rejected the remaining claims, and ordered [B] [Z] to pay the appeal costs.

    1 year, 9 months and 14 days later · 652 days

  7. 28 November 2007France

    28 November 2007France

    Judgment of the French Court of Cassation dated 28 November 2007

    French Court of Cassation

    Citation
    Civ 1 - n° 1372 F-P+B
    Decision summary
    The French Court of Cassation partially quashed the Paris Court of Appeal judgment of 14 February 2006 insofar as it declined to decide the merits after annulling the 4 January 2005 sentence, and remanded the case to a differently composed Paris Court of Appeal.

    4 years and 1 day later · 1462 days

  8. 29 November 2011France

    29 November 2011France

    Judgment of the Paris Court of Appeal in case 08/10730 dated 29 November 2011

    Paris Court of Appeal

    Case no.
    08/10730
    Decision summary
    After the partial cassation of the earlier appellate judgment, the Paris Court of Appeal held that [B] [Z] was entitled to reasonable notice despite his exclusion from the Coudert partnership, fixed that notice at three months, and ordered Coudert Frères and Coudert Brothers LLP in amicable liquidation to pay the euro equivalent on 13 August 2003 of USD 143,571.43. It ordered [B] [Z] to return excess amounts received with legal interest without capitalization, dismissed his damages and Article 700 claims, and allocated the appeal and annulled-judgment costs between the parties as stated in the judgment.

    Supporting details

    10 authorities · 13 participants
    [B] [Z]
    Representative
    SCP Bernabe-Chardin-Cheviller (For: [B] [Z])
    Representative
    Jean-Pierre Léon (For: [B] [Z])
    Coudert Frères
    Representative
    SCP Hardouin (For: Coudert Frères · Coudert Brothers LLP)
    Representative
    Emmanuel Rosenfeld (For: Coudert Frères · Coudert Brothers LLP)
    Coudert Brothers LLP
    Representative
    SCP Hardouin (For: Coudert Frères · Coudert Brothers LLP)
    Representative
    Emmanuel Rosenfeld (For: Coudert Frères · Coudert Brothers LLP)
    Paris Court of Appeal
    Advocate General
    Arrighi de Casanova
    Other
    Institutional administrator
    Development Specialists Inc.
    Court Reporter
    Noëlle Klein

    Authorities cited

    10
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
    • French Judicial Organisation Code
      statute
    • French Law of 31 December 1971
      statute
    • Law of 31 December 1990
      statute
    • Law dated 11 February 2004
      statute
    • Internal Rules of the Paris Bar
      statute
    • Paris Court of Appeal judgment of 14 February 2006
      case-law
    • French Court of Cassation judgment dated 28 November 2007 (Civ 1 - n° 1372 F-P+B)
      case-law
    • Paris Court of Appeal judgment dated 1 March 2004
      case-law

Matter record

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[B] [Z] v Coudert Frères and Coudert Brothers LLP (Paris Court of Appeal 08/10730) · Matter