Arbitral Digest

Matter

BYD Auto Industry Co LTD v Delta Dragon Import (French Court of Cassation U 21-19.697)

Seat
France
Substantive governing law
Dutch law
  1. 20 July 2018France

    20 July 2018France

    Sole arbitrator's award rendered 20 July 2018

    International Chamber of Commerce

    Supporting details

    2 participants
    Delta Dragon Import
    BYD Auto Industry Co LTD
    International Chamber of Commerce

    2 years, 10 months and 5 days later · 1040 days

  2. 25 May 2021France

    25 May 2021France

    Judgment of the Paris Court of Appeal in the case 25 May 2021

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal dismissed Delta Dragon Import's action to set aside the sole arbitrator's award in the dispute with BYD Auto Industry Co LTD.

    Supporting details

    2 participants
    Delta Dragon Import
    BYD Auto Industry Co LTD
    Paris Court of Appeal

    1 year, 5 months and 23 days later · 541 days

  3. 17 November 2022France

    17 November 2022France

    Order No. 91210 of the First Presidency of the French Court of Cassation in the case U 21-19.697 dated 17 November 2022

    First Presidency of the French Court of Cassation

    Case no.
    U 21-19.697
    Decision summary
    The First Presidency of the French Court of Cassation rejected BYD Auto Industry Co LTD's request to remove Delta Dragon Import's appeal from the docket for non-payment of the procedural costs awarded by the Paris Court of Appeal, holding that radiation would disproportionately restrict access to the court.

    Supporting details

    2 authorities · 7 participants
    BYD Auto Industry Co LTD
    Representative
    SARL Delvolvé et Trichet (For: BYD Auto Industry Co LTD)
    Delta Dragon Import
    Representative
    SARL Ortscheidt (For: Delta Dragon Import)
    First Presidency of the French Court of Cassation
    Advocate General
    Samuel Aparisi
    Other
    Institutional administrator
    Vénusia Ismail

    Authorities cited

    2
    • French Code of Civil Procedure, Article 1009-1
      statute
    • French Code of Civil Procedure, Article 700
      statute

    1 year and 12 days later · 377 days

  4. 29 November 2023France

    29 November 2023France

    Judgment of the First Civil Chamber of the French Court of Cassation in the case U 21-19.697 dated 29 November 2023

    First Civil Chamber of the French Court of Cassation

    Case no.
    U 21-19.697
    Decision summary
    The First Civil Chamber of the French Court of Cassation rejected Delta Dragon Import's appeal against dismissal of its action to set aside the arbitral award. It held that Delta could no longer rely on the alleged irregularity in the arbitral tribunal's composition because it had knowingly failed to raise the issue in time, and ordered Delta to pay BYD Auto Industry Co LTD EUR 3,000 under Article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    7 authorities · 8 participants
    Delta Dragon Import
    Representative
    SARL Ortscheidt (For: Delta Dragon Import)
    BYD Auto Industry Co LTD
    Representative
    SARL Delvolvé et Trichet (For: BYD Auto Industry Co LTD)
    First Civil Chamber of the French Court of Cassation
    Judge
    Hascher
    Judge
    Guihal
    Other
    Court Reporter
    Vignes

    Authorities cited

    7
    • French Code of Civil Procedure, Article 1014(2)
      statute
    • French Code of Civil Procedure, Article 1456(2)
      statute
    • French Code of Civil Procedure, Article 1466
      statute
    • French Code of Civil Procedure, Article 1506(2)
      statute
    • French Code of Civil Procedure, Article 1506(3)
      statute
    • French Code of Civil Procedure, Article 1520(2)
      statute
    • French Code of Civil Procedure, Article 700
      statute

Matter record

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BYD Auto Industry Co LTD v Delta Dragon Import (French Court of Cassation U 21-19.697) · Matter