Arbitral Digest

Matter

Cerim Trading Limited v Mikhail B... X... (French Court of Cassation F 16-10.649)

  1. 29 December 2014Arbitration

    29 December 2014Arbitration

    Arbitral decision of the Russian Permanent Arbitration Court dated 29 December 2014

    Decision summary
    The arbitral decision determined, in the relations between Cerim Trading Limited and the X spouses, that ownership of the disputed property was transferred to Cerim Trading Limited on 10 January 2012.

    Supporting details

    3 participants
    Cerim Trading Limited
    Mikhail B... X...
    Anna C... A..., wife of X...

    8 months and 12 days later · 255 days

  2. 10 September 2015France

    10 September 2015France

    Judgment of the Versailles Court of Appeal, Sixteenth Chamber dated 10 September 2015

    Versailles Court of Appeal, Sixteenth Chamber

    Decision summary
    The Versailles Court of Appeal set aside the first-instance decision and rejected the request by the X spouses to discharge the provisional judicial mortgage registered over their common French property; it also rejected Cerim Trading Limited's intervention and damages claim.

    Supporting details

    5 participants
    VTB Bank
    Mikhail B... X...
    Anna C... A..., wife of X...
    Gazprombank
    Cerim Trading Limited
    Versailles Court of Appeal, Sixteenth Chamber

    2 years, 3 months and 3 days later · 825 days

  3. 13 December 2017France

    13 December 2017France

    Judgment No. 1291 FS-D of the French Court of Cassation, First Civil Chamber, in cases W 15-27.495 and F 16-10.649 dated 13 December 2017

    French Court of Cassation, First Civil Chamber

    Case no.
    W 15-27.495; F 16-10.649
    Citation
    Arrêt n° 1291 FS-D
    Decision summary
    The Court of Cassation joined the two appeals, declared Gazprombank's appeal inadmissible because it had intervened only incidentally and the principal parties had not appealed, and dismissed Cerim Trading Limited's appeal. It upheld the refusal to recognize Cerim's interest in intervening in the dispute over the provisional judicial mortgage on the X spouses' common French property, and ordered Gazprombank and Cerim to pay costs and EUR 2,000 each to VTB Bank under article 700 of the French Code of Civil Procedure.

    Supporting details

    3 authorities · 24 participants
    Gazprombank
    Representative
    SCP Ortscheidt (For: Gazprombank)
    Cerim Trading Limited
    Representative
    SCP Spinosi et Sureau (For: Cerim Trading Limited)
    VTB Bank
    Representative
    SCP Thouin-Palat et Boucard (For: VTB Bank)
    Mikhail B... X...
    Anna C... A..., wife of X...
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Y...
    Judge
    Wallon
    Judge
    Hascher
    Judge
    Reynis
    Judge
    Reygner
    Judge
    Bozzi
    Judge
    Mansion
    Judge
    Roth
    Judge
    Azar
    Advocate General
    Z...
    Other
    Institutional administrator
    Pecquenard

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • Decree dated 4 January 1955
      statute
  4. Date not availableFrance

    Date not availableFrance

    Order of the Enforcement Judge discharging the provisional judicial mortgage

    Enforcement Judge

    Decision summary
    The Enforcement Judge ordered discharge of the provisional judicial mortgage registered over the X spouses' common French property in the dispute with VTB Bank.

    Supporting details

    3 participants
    Mikhail B... X...
    Anna C... A..., wife of X...
    VTB Bank
    Enforcement Judge

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Cerim Trading Limited v Mikhail B... X... (French Court of Cassation F 16-10.649) · Matter