Arbitral Digest

Matter

Cerner Middle East Ltd v Mr [M] and iCapital Sole Establishment

  1. 1 March 2017France

    1 March 2017France

    Judgment of the enforcement judge dated 1 March 2017

    Enforcement Judge

    Decision summary
    The enforcement judge confirmed the protective attachment and provisional pledge over Mr [M]'s shares in the SCI [Address 2] Land Company.

    1 year, 2 months and 23 days later · 449 days

  2. 24 May 2018France

    24 May 2018France

    Judgment of the Court of Appeal dated 24 May 2018

    Court of Appeal

    Decision summary
    The Court of Appeal confirmed the enforcement judge's measures concerning the protective attachment and provisional pledge over Mr [M]'s shares in the SCI [Address 2] Land Company.

    2 years and 4 days later · 735 days

  3. 28 May 2020France

    28 May 2020France

    Judgment of the Paris Court of Appeal dated 28 May 2020

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal prohibited the SCI [Address 2] Land Company from selling, transferring, encumbering, or granting a long lease over its property during the attachment and provisional pledge proceedings concerning its shares; the Court of Cassation later partially quashed that relief.

    6 months and 4 days later · 188 days

  4. 2 December 2020France

    2 December 2020France

    Judgment of the French Court of Cassation, First Civil Chamber dated 2 December 2020

    French Court of Cassation, First Civil Chamber

    Decision summary
    The French Court of Cassation rejected the appeal against the judgment rejecting the application to annul the arbitral award.

    1 year, 9 months and 6 days later · 645 days

  5. 8 September 2022France

    8 September 2022France

    Judgment of the French Court of Cassation, Second Civil Chamber in case Q 20-18.953 dated 8 September 2022

    French Court of Cassation, Second Civil Chamber

    Case no.
    Q 20-18.953
    Citation
    Arrêt n° 839 FS-D
    Decision summary
    The Court of Cassation partially quashed the Paris Court of Appeal's order prohibiting the SCI [Address 2] Land Company from disposing of or encumbering its property during proceedings concerning the attachment and provisional pledge of its shares. It held that the dispute supporting the requested interim measure was between Cerner and Mr [M], not between Cerner and the SCI, and remitted the matter to a differently composed Paris Court of Appeal.

    Supporting details

    4 authorities · 9 participants
    [Address 2] Land Company
    Representative
    SCP Foussard et Froger (For: [Address 2] Land Company)
    Cerner Middle East Ltd
    Representative
    SCP Thouin-Palat et Boucard (For: Cerner Middle East Ltd)
    Mr [M]
    French Court of Cassation, Second Civil Chamber
    Advocate General
    Mme Trassoudaine-Verger
    Other
    Institutional administrator
    Mme Thomas

    Authorities cited

    4
    • French Judicial Organisation Code
      statute
    • French Code of Civil Enforcement Procedures
      statute
    • French Code of Civil Procedure
      statute
    • French Court of Cassation, First Civil Chamber, 2 December 2020, Appeal No. 18-23.970 (1re Civ., 2 décembre 2020, pourvoi n° 18-23.970)
      case-law
  6. Date not availableArbitration

    Date not availableArbitration

    Arbitral Award

    Decision summary
    The arbitral award, declared enforceable, ordered Mr [M] and iCapital Sole Establishment jointly to pay a sum to Cerner Middle East Ltd.

    Supporting details

    3 participants
    Cerner Middle East Ltd
    Mr [M]
    iCapital Sole Establishment

Matter record

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Cerner Middle East Ltd v Mr [M] and iCapital Sole Establishment · Matter