Arbitral Digest

Matter

Buildinvest v [Z] [F] and [K] [F] (Paris Court of Appeal RG 23/15452)

  1. 13 September 2010Arbitration

    13 September 2010Arbitration

    Arbitral Award dated 13 September 2010

    Decision summary
    The tribunal found the 11 February 2008 share-transfer protocol lapsed as of 10 December 2008, partially rejected Buildinvest's claim to recover the EUR 750,000 immobilisation payment, and held that EUR 375,000 remained acquired by Mr [G] [W].

    Supporting details

    4 participants
    Société Buildinvest
    Mme [Z] [F] épouse [F]
    M. [K] [F]
    M. [G] [W]

    2 years and 5 days later · 736 days

  2. 18 September 2012France

    18 September 2012France

    Judgment of the Paris Court of Appeal dated 18 September 2012

    Paris Court of Appeal

    Decision summary
    The court partially annulled the 13 September 2010 arbitral award insofar as it held that EUR 375,000 was definitively acquired by Mr [G] [W].

    1 year, 3 months and 27 days later · 483 days

  3. 14 January 2014France

    14 January 2014France

    Judgment of the Paris Court of Appeal dated 14 January 2014

    Paris Court of Appeal

    Decision summary
    The court ordered Ms and Mr [F] and Buildinvest jointly to pay EUR 375,000 to Mr [G] [W].

    4 years, 3 months and 10 days later · 1561 days

  4. 24 April 2018France

    24 April 2018France

    Interim Order of the President of the Basse-Terre Regional Court dated 24 April 2018

    President of the Basse-Terre Regional Court

    Decision summary
    The court ordered Ms and Mr [F] jointly to pay Buildinvest a provisional sum of EUR 375,000 under the 30 March 2008 participation agreement.

    2 years, 9 months and 4 days later · 1010 days

  5. 28 January 2021France

    28 January 2021France

    Order of the Case Management Judge of the Paris Judicial Court dated 28 January 2021

    Case Management Judge of the Paris Judicial Court

    Decision summary
    The court held that the Paris Judicial Court was incompetent to hear the [F] spouses' action because of the arbitration clause in the participation agreement and invited them to bring the action before the proper court.

    7 months and 17 days later · 229 days

  6. 14 September 2021France

    14 September 2021France

    Judgment of the Paris Court of Appeal dated 14 September 2021

    Paris Court of Appeal

    Decision summary
    The court confirmed the 28 January 2021 order holding that the Paris Judicial Court was incompetent to hear the action and inviting the parties to bring it before the proper court.

    1 year, 1 month and 14 days later · 409 days

  7. 28 October 2022France

    28 October 2022France

    Judgment of the President of the Paris Judicial Court acting as Supporting Judge dated 28 October 2022

    President of the Paris Judicial Court, acting as Supporting Judge

    Decision summary
    The court designated Ms [N] [V] as sole arbitrator under article 1452 of the French Code of Civil Procedure.

    10 months and 9 days later · 313 days

  8. 6 September 2023Arbitration

    6 September 2023Arbitration

    Arbitral Award dated 6 September 2023

    Decision summary
    The sole arbitrator held the arbitration clause in the 30 March 2008 participation agreement opposable to Ms [Z] [F], declared Buildinvest's restitution counterclaim prescribed and inadmissible, dismissed the [F] spouses' damages claims, divided the arbitration costs equally, and ordered provisional enforcement.

    Supporting details

    4 participants
    Société Buildinvest
    Mme [Z] [F] épouse [F]
    M. [K] [F]
    Institution
    Arbitrator
    Mme [N] [V]

    1 year, 6 months and 5 days later · 552 days

  9. 11 March 2025France

    11 March 2025France

    Judgment of the Paris Court of Appeal, Division 5 Chamber 16 in case RG 23/15452 dated 11 March 2025

    Paris Court of Appeal, Division 5 Chamber 16

    Case no.
    RG 23/15452
    Decision summary
    The court held that the arbitral tribunal had omitted to rule on the limitation objection, declared the objection admissible, declared the claim for reimbursement under article 8 of the 30 March 2008 participation agreement time-barred, confirmed the challenged award in all provisions before it, ordered Buildinvest to pay the appeal costs, and ordered it to pay EUR 15,000 to Ms and Mr [F].

    Supporting details

    4 authorities · 11 participants
    Société Buildinvest
    Representative
    Me Charles-Hubert OLIVIER de la SCP LAGOURGUE & OLIVIER (For: Société Buildinvest)
    Representative
    Me Philippe BERTEAUX (For: Société Buildinvest)
    Mme [Z] [F] épouse [F]
    Representative
    Me Philippe GALLAND de la SCP GRV ASSOCIES (For: Mme [Z] [F] épouse [F] · M. [K] [F])
    M. [K] [F]
    Representative
    Me Philippe GALLAND de la SCP GRV ASSOCIES (For: Mme [Z] [F] épouse [F] · M. [K] [F])
    Paris Court of Appeal, Division 5 Chamber 16
    Other
    Institutional administrator
    Mélanie PATE
    Institutional administrator
    Najma EL FARISSI

    Authorities cited

    4
    • French Civil Code
      statute
    • French Commercial Code
      statute
    • French Code of Civil Procedure
      statute
    • French Code of Civil Enforcement Procedures
      statute

Matter record

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Buildinvest v [Z] [F] and [K] [F] (Paris Court of Appeal RG 23/15452) · Matter