Arbitral Digest

Matter

Bonnieux v Mediterranean Shipping Geneva (MSG) — cargo damage and jurisdiction

  1. 22 February 1990France

    22 February 1990France

    Judgment of the Aix-en-Provence Court of Appeal dated 22 February 1990

    Aix-en-Provence Court of Appeal

    Decision summary
    The Aix-en-Provence Court of Appeal rejected Mediterranean Shipping Geneva's jurisdictional objections in the cargo-damage proceedings, including objections based on the arbitration clause and the France-Switzerland Convention; the Court of Cassation later quashed that ruling as to MSG.

    Supporting details

    3 participants
    Bonnieux company
    Mediterranean Shipping Geneva (MSG)
    Representative
    Mediterranean Shipping France (MSF) (For: Mediterranean Shipping Geneva (MSG))
    Aix-en-Provence Court of Appeal
  2. Date not availableFrance

    Date not availableFrance

    Judgment of the French Court of Cassation concerning Bonnieux and Mediterranean Shipping Geneva (MSG)

    French Court of Cassation

    Decision summary
    The Court of Cassation quashed the Aix-en-Provence Court of Appeal's ruling insofar as it concerned Mediterranean Shipping Geneva (MSG), held the French courts incompetent to hear the claims against MSG, and decided that no remittal was required. It held that the unsigned bill of lading did not establish the shipper's acceptance of the arbitration clause and that MSG's Marseille representation did not amount to residence under the France-Switzerland Convention.

    Supporting details

    5 authorities · 3 participants
    Bonnieux company
    Mediterranean Shipping Geneva (MSG)
    Representative
    Mediterranean Shipping France (MSF) (For: Mediterranean Shipping Geneva (MSG))
    French Court of Cassation

    Authorities cited

    5
    • French Civil Code, Articles 14 and 15
      statute
    • France-Switzerland Convention dated 15 June 1869, Article 1(3)
      treaty
    • Annexed Protocol to the France-Switzerland Convention dated 15 June 1869, Article 1
      treaty
    • French New Code of Civil Procedure, Article 627
      statute
    • France-Switzerland Convention dated 18 June 1869
      treaty

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Bonnieux v Mediterranean Shipping Geneva (MSG) — cargo damage and jurisdiction · Matter