Arbitral Digest

Matter

BDI and Souleyas Investissement v APYC and Mr [O] [E] (Paris Court of Appeal RG 21/02203)

BDI and Souleyas’ arbitration with APYC and [O] [E] over investment losses in a chauffeur business, with French annulment proceedings on the right to be heard.

  • International commercial arbitration
  • Setting aside arbitral awards
  • Public policy
Case no.
A.F.A. procedure no. 19.81
Industry type
Transportation and storage
Applicable rules
French Arbitration Association Arbitration Rules

Procedural record

  1. 23 December 2020Arbitration

    23 December 2020Arbitration

    Arbitral Award in A.F.A. procedure no. 19.81 dated 23 December 2020

    French Arbitration Association

    Decision summary
    The tribunal rejected BDI and Souleyas Investissement's claims, divided the procedural costs equally, and left each party responsible for its own lawyers' fees and expenses.

    Participants

    SOULEYAS INVESTISSEMENT
    BDI
    APYC
    [O] [E]
    French Arbitration Association

    1 year, 9 months and 25 days later · 664 days

  2. 18 October 2022France

    18 October 2022France

    Decision of the Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16 in RG 21/02203 dated 18 October 2022

    Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16

    Case no.
    RG 21/02203
    Citation
    RG 21/02203
    Decision summary
    The Paris Court of Appeal annulled the 23 December 2020 arbitral award because the tribunal had qualified Mr [O] [E]'s financing undertaking as an undertaking of BSLR without submitting that issue to the parties for adversarial debate. It ordered APYC and Mr [O] [E] jointly and severally to pay BDI and Souleyas Investissement EUR 5,000 under article 700 of the French Code of Civil Procedure and to pay the costs.

    Participants

    SOULEYAS INVESTISSEMENT
    Representative
    Marie-Catherine VIGNES (For: SOULEYAS INVESTISSEMENT · BDI)
    Representative
    SCP GALLAND VIGNES (For: SOULEYAS INVESTISSEMENT · BDI)
    Representative
    Julien AUGAIS (For: SOULEYAS INVESTISSEMENT · BDI)
    Representative
    AARPI GATE AVOCATS (For: SOULEYAS INVESTISSEMENT · BDI)
    BDI
    Representative
    Marie-Catherine VIGNES (For: SOULEYAS INVESTISSEMENT · BDI)
    Representative
    SCP GALLAND VIGNES (For: SOULEYAS INVESTISSEMENT · BDI)
    Representative
    Julien AUGAIS (For: SOULEYAS INVESTISSEMENT · BDI)
    Representative
    AARPI GATE AVOCATS (For: SOULEYAS INVESTISSEMENT · BDI)
    APYC
    Representative
    Arnaud GUYONNET (For: APYC · [O] [E])
    Representative
    SCP AFG (For: APYC · [O] [E])
    Representative
    Eric GAFTARNIK (For: APYC · [O] [E])
    Representative
    SELARL GAFTARNIK - LE DOUARIN & Associés (For: APYC · [O] [E])
    [O] [E]
    Representative
    Arnaud GUYONNET (For: APYC · [O] [E])
    Representative
    SCP AFG (For: APYC · [O] [E])
    Representative
    Eric GAFTARNIK (For: APYC · [O] [E])
    Representative
    SELARL GAFTARNIK - LE DOUARIN & Associés (For: APYC · [O] [E])
    Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16
    Judge
    Daniel BARLOW
    Judge
    Fabienne SCHALLER
    Judge
    Laure ALDEBERT
    Other
    Institutional administrator
    Najma EL FARISSI

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute

Matter record

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BDI and Souleyas Investissement v APYC and Mr [O] [E] (Paris Court of Appeal RG 21/02203) · Matter