Arbitral Digest

Matter

Cenni v Malagutti (French Court of Cassation 5 December 1989)

Cenni v Malagutti arbitration concerns the Paris Court of Appeal held that the parties had not concluded an…; linked records include related court judgments.

  • Jurisdiction and arbitration agreements
Industry type
Wholesale and retail trade

Procedural record

  1. 31 October 1986France

    31 October 1986France

    Judgment of the Paris Court of Appeal dated 31 October 1986

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal held that the parties had not concluded an arbitration agreement and annulled the arbitral award concerning the onion sale contract.

    Participants

    Cenni
    Malagutti
    Paris Court of Appeal

    3 years, 1 month and 4 days later · 1131 days

  2. 5 December 1989France

    5 December 1989France

    Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber dated 5 December 1989

    French Court of Cassation, Commercial, Financial and Economic Chamber

    Decision summary
    The French Court of Cassation set aside the Paris Court of Appeal judgment of 31 October 1986 because the appeal court had altered the terms of the dispute concerning the arbitration clause. It remitted the case to the Versailles Court of Appeal and ordered Malagutti to pay the costs of the cassation proceedings.

    Participants

    Cenni
    Representative
    SCP Riché, Blondel et Thomas-Raquin (For: Cenni)
    Malagutti
    Representative
    Me Delvolvé (For: Malagutti)
    French Court of Cassation, Commercial, Financial and Economic Chamber
    Judge
    M. Defontaine
    Judge
    M. Lacan
    Judge
    Sablayrolles
    Judge
    Vigneron
    Judge
    Edin
    Advocate General
    M. Raynaud
    Other
    Institutional administrator
    Mme Arnoux

    Authorities cited

    1
    • French new Code of Civil Procedure (Article 4 of the French new Code of Civil Procedure)
      statute
  3. Date not availableArbitration

    Date not availableArbitration

    Arbitral Chamber Award in Cenni v Malagutti

    Decision summary
    The arbitral chamber declared itself competent and ordered Malagutti to pay Cenni a sum of money.

    Participants

    Cenni
    Malagutti

Matter record

Report a correction

Cenni v Malagutti (French Court of Cassation 5 December 1989) · Matter