Arbitral Digest

Matter

BK Medical APS and Analogic Corporation v Tux Ultrasound (French Court of Cassation T 15-28.941)

  1. 5 November 2015France

    5 November 2015France

    Judgment of the Aix-en-Provence Court of Appeal, Second Chamber, dated 5 November 2015

    Aix-en-Provence Court of Appeal, Second Chamber

    Decision summary
    The Aix-en-Provence Court of Appeal rejected BK Medical APS and Analogic Corporation's jurisdictional objection and retained state-court jurisdiction over the dispute concerning the research and development agreement and its arbitration clause.

    Supporting details

    3 participants
    BK Medical APS
    Analogic Corporation
    M. G... L...
    Aix-en-Provence Court of Appeal, Second Chamber

    10 months and 16 days later · 321 days

  2. 21 September 2016France

    21 September 2016France

    Cassation judgment of the French Court of Cassation, First Civil Chamber, in case T 15-28.941 dated 21 September 2016

    French Court of Cassation, First Civil Chamber

    Case no.
    T 15-28.941
    Citation
    French Court of Cassation, First Civil Chamber, judgment No. 996 F-P+B of 21 September 2016, appeal No. T 15-28.941
    Decision summary
    The Court of Cassation quashed the Aix-en-Provence Court of Appeal judgment in all its provisions without remand. It held the Cannes Commercial Court incompetent because the arbitration clause was not manifestly null or inapplicable, referred the parties to pursue their claims before the proper forum, and awarded costs and EUR 3,000 under article 700 of the French Code of Civil Procedure to BK Medical APS and Analogic Corporation.

    Supporting details

    2 authorities · 9 participants
    BK Medical APS
    Representative
    SCP Thouin-Palat et Boucard (For: BK Medical APS · Analogic Corporation)
    Analogic Corporation
    Representative
    SCP Thouin-Palat et Boucard (For: BK Medical APS · Analogic Corporation)
    M. G... L...
    Representative
    SCP Gaschignard (For: M. G... L...)
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Hascher
    Judge
    Matet
    Other
    Institutional administrator
    Pecquenard

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • French Judicial Organisation Code
      statute
  3. Date not availableFrance

    Date not availableFrance

    Judgment of the Cannes Commercial Court on the jurisdictional objection

    Cannes Commercial Court

    Decision summary
    The Cannes Commercial Court rejected the jurisdictional objection raised by BK Medical APS and Analogic Corporation and held that it had jurisdiction over the dispute concerning the research and development agreement and its arbitration clause.

    Supporting details

    3 participants
    BK Medical APS
    Analogic Corporation
    M. G... L...
    Cannes Commercial Court

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BK Medical APS and Analogic Corporation v Tux Ultrasound (French Court of Cassation T 15-28.941) · Matter