Matter
Chantier Naval Couach v Sedes Holding AS and Sedes Marine Malta (French Court of Cassation, First Civil Chamber, 23 September 2015)
- 17 July 2014France
17 July 2014France
Judgment of the Aix-en-Provence Court of Appeal dated 17 July 2014
Aix-en-Provence Court of Appeal
- Decision summary
- The Court of Appeal held that the Toulon Commercial Court had jurisdiction over Chantier Naval Couach's claim against Sedes Holding, reasoning that Sedes Holding's purchase order contained no arbitration clause and that its request to intervene in the arbitration initiated by Sedes Marine Malta had been rejected. The Court of Cassation later quashed that judgment.
Supporting details
2 participantsChantier Naval Couach
Sedes Holding AS
Aix-en-Provence Court of Appeal
1 year, 2 months and 6 days later · 433 days
- 23 September 2015France
23 September 2015France
Judgment of the French Court of Cassation, First Civil Chamber dated 23 September 2015
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation quashed the Aix-en-Provence Court of Appeal judgment in all its provisions and remitted the case to the Lyon Court of Appeal. It held that the Court of Appeal had not established that the arbitration agreement in the 28 October 2009 construction contract was manifestly inapplicable to the purchase orders between Chantier Naval Couach and Sedes Holding, and therefore had not provided a legal basis for deciding that the state court had jurisdiction. Chantier Naval Couach was ordered to pay costs and EUR 3,000 to Sedes Holding under article 700 of the French Code of Civil Procedure.
Supporting details
2 authorities · 4 participantsChantier Naval Couach
Sedes Holding AS
- Representative
- SCP Ortscheidt (For: Sedes Holding AS)
Sedes Marine Malta
French Court of Cassation, First Civil Chamber