Arbitral Digest

Matter

British Leyland International Services (BLIS) v Societe d'exploitation des etablissements Richard

BLIS v Société Richard concerns distribution-contract disputes and an arbitration clause, with courts considering waiver, counterclaims and court jurisdiction.

  • Jurisdiction and arbitration agreements
Substantive governing law
English law

Procedural record

  1. 8 June 1971France

    8 June 1971France

    Judgment of the Paris Commercial Court dated 8 June 1971

    Paris Commercial Court

    Decision summary
    The Paris Commercial Court found the arbitration clause applicable to the dispute then before it under the same distribution contracts.

    10 months and 10 days later · 315 days

  2. 18 April 1972France

    18 April 1972France

    Judgment of the Court of Appeal dated 18 April 1972

    Court of Appeal

    Decision summary
    The Court of Appeal issued a judgment recognizing that the arbitration clause applied to the earlier dispute under the same distribution contracts.

    4 years, 8 months and 27 days later · 1732 days

  3. 14 January 1977France

    14 January 1977France

    Judgment of the Paris Court of Appeal dated 14 January 1977

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal rejected BLIS's objection to the state court hearing Richard's counterclaim under the arbitration clause and held the counterclaim admissible because it was sufficiently connected with the principal claim.

    Participants

    British Leyland International Services
    Societe d'exploitation des etablissements Richard
    Paris Court of Appeal

    1 year, 4 months and 23 days later · 508 days

  4. 6 June 1978France

    6 June 1978France

    Judgment of the French Court of Cassation in the British Leyland International Services (BLIS) v Societe d'exploitation des etablissements Richard dispute

    French Court of Cassation

    Decision summary
    The French Court of Cassation rejected BLIS's appeal against the Paris Court of Appeal judgment of 14 January 1977. It held that BLIS waived the arbitration clause by bringing a merits claim before a state court, including in relation to Richard's connected counterclaim, and upheld the counterclaim's admissibility because it had a sufficient connection with the principal claim.

    Participants

    British Leyland International Services
    Societe d'exploitation des etablissements Richard
    French Court of Cassation

    Authorities cited

    2
    • English Arbitration Act of 1950
      statute
    • French New Code of Civil Procedure, Article 70
      statute

Matter record

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British Leyland International Services (BLIS) v Societe d'exploitation des etablissements Richard · Matter