Matter
Calberson International v Schenker
French proceedings over a logistics dispute, with the courts holding that either party could initiate the agreed arbitration and that the clause excluded Commercial Court jurisdiction.
Procedural record
- 12 October 1994France
12 October 1994France
Judgment of the Paris Court of Appeal dated 12 October 1994
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal declined the Commercial Court's jurisdiction in the dispute between Calberson International and Schenker, giving effect to their arbitration clause. It held that either party could initiate arbitration and that the resulting arbitration would be binding on both parties.
Participants
Calberson International
Schenker
Paris Court of Appeal
2 years and 3 days later · 734 days
- 15 October 1996France
15 October 1996France
Judgment of the French Court of Cassation in Calberson International v Schenker
French Court of Cassation
- Decision summary
- The French Court of Cassation dismissed Calberson International's appeal and upheld the Paris Court of Appeal's interpretation of the arbitration clause. Either party could initiate the agreed arbitration, and that choice bound the other party, excluding the Commercial Court's jurisdiction.
Participants
Calberson International
Schenker
French Court of Cassation