Arbitral Digest

Matter

Cameroon Tea Estates arbitration

  1. 10 June 2010France

    10 June 2010France

    Judgment of the Paris Court of Appeal dated 10 June 2010

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal annulled Cameroon Tea Estates' declaration of recourse against the arbitral sentence and declared the recourse inadmissible on the ground that the stated representative organ did not exist under the company's legal structure.

    Supporting details

    4 participants
    Cameroon Tea Estates
    Borbon Finex PTY Ltd
    Mr Y
    Republic of Cameroon
    Paris Court of Appeal

    2 years, 5 months and 11 days later · 895 days

  2. 21 November 2012France

    21 November 2012France

    Judgment of the French Court of Cassation, First Civil Chamber dated 21 November 2012

    French Court of Cassation, First Civil Chamber

    Decision summary
    The French Court of Cassation quashed the Paris Court of Appeal judgment that had annulled Cameroon Tea Estates' recourse against the arbitral sentence and declared that recourse inadmissible. It held that an erroneous indication of the organ legally representing a legal person is a formal defect whose nullity requires proof of prejudice, and remanded the case to the Versailles Court of Appeal.

    Supporting details

    2 authorities · 6 participants
    Cameroon Tea Estates
    Representative
    SCP Coutard et Munier-Apaire (For: Cameroon Tea Estates)
    Representative
    Mr John X (For: Cameroon Tea Estates)
    Borbon Finex PTY Ltd
    Mr Y
    Republic of Cameroon
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • French Code of Civil Procedure, Articles 114, 117, 901, 1487, 1505, and 1507
      statute
    • European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 6
      treaty
  3. Date not availableArbitration

    Date not availableArbitration

    Arbitral sentence in the Cameroon Tea Estates arbitration

    Paris Chamber of Commerce and Industry

    Decision summary
    The arbitral tribunal declared itself incompetent to decide the dispute.

    Supporting details

    4 participants
    State of Cameroon
    Borbon Finex PTY Ltd
    Cameroon Tea Estates
    Representative
    Mr X (For: Cameroon Tea Estates)
    Paris Chamber of Commerce and Industry

Matter record

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Cameroon Tea Estates arbitration · Matter