Arbitral Digest

Matter

Bischof and Klein Ltd v Aig Europe (UK), Mulox and Bowater

  1. 15 March 1996France

    15 March 1996France

    Judgment of the Aix-en-Provence Court of Appeal, Eighth Chamber, Section B dated 15 March 1996

    Aix-en-Provence Court of Appeal, Eighth Chamber, Section B

    Decision summary
    The Aix-en-Provence Court of Appeal held the commercial court competent because Bischof and Klein Ltd had not proved that Mulox accepted the arbitration clause in the sales terms.

    3 years, 3 months and 7 days later · 1194 days

  2. 22 June 1999France

    22 June 1999France

    Judgment of the French Court of Cassation, First Civil Chamber dated 22 June 1999

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation dismissed Bischof and Klein Ltd's appeal and held that the Court of Appeal had ruled on the arbitration clause's opposability to Mulox, not its validity. Bischof had not proved that Mulox knew and accepted the sales conditions containing the clause. Bischof and Klein Ltd was ordered to pay the costs and 12,000 French francs to Aig Europe UK under article 700 of the New Code of Civil Procedure.

    Supporting details

    4 authorities · 11 participants
    Bischof and Klein Ltd
    Representative
    Me Cossa (For: Bischof and Klein Ltd)
    Aig Europe (UK)
    Representative
    SCP Nicolay et de Lanouvelle (For: Aig Europe (UK))
    Mulox
    Bowater
    French Court of Cassation, First Civil Chamber
    Judge
    Durieux
    Advocate General
    Roehrich
    Other
    Institutional administrator
    Collet

    Authorities cited

    4
    • French Judicial Organisation Code
      statute
    • French New Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • Rome Convention dated 19 June 1980
      treaty

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Bischof and Klein Ltd v Aig Europe (UK), Mulox and Bowater · Matter