Arbitral Digest

Matter

Children Worldwide Fashion v Graveleau

  1. 29 June 2007France

    29 June 2007France

    Judgment of the Nanterre Commercial Court dated 29 June 2007

    Nanterre Commercial Court

    Decision summary
    The Nanterre Commercial Court upheld Evekas and Ergo Lietuva's jurisdictional objection and declined jurisdiction over the guarantee action brought by Giraud Rhône Alpes and Macifilia against them.

    Supporting details

    4 participants
    Evekas
    société Ergo Lietuva
    société Giraud Rhône Alpes
    Macifilia
    Nanterre Commercial Court

    1 year, 3 months and 10 days later · 468 days

  2. 9 October 2008France

    9 October 2008France

    Judgment of the Versailles Court of Appeal dated 9 October 2008

    Versailles Court of Appeal

    Decision summary
    The Versailles Court of Appeal rejected the arbitration objection and held the Commercial Court competent to hear Giraud Rhône Alpes's guarantee action against Evekas and its insurer, reasoning that the arbitration clause was manifestly inapplicable.

    Supporting details

    8 participants
    Evekas
    société Ergo Lietuva
    société Giraud Rhône Alpes
    Macifilia
    Children Worldwide Fashion
    Assurances générales de France IART
    SAS Transports Graveleau
    Société HELVETIA
    Versailles Court of Appeal

    1 year and 8 months later · 608 days

  3. 9 June 2010France

    9 June 2010France

    Judgment of the Court of Cassation, First Civil Chamber dated 9 June 2010

    Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation quashed the Versailles Court of Appeal judgment in the dispute arising from the theft of clothing transported by Evekas and the resulting guarantee claim. It held that the state court could decline the arbitrator's priority only if the arbitration clause was manifestly null or inapplicable, which the appellate court had not established, and remitted the case to the Versailles Court of Appeal differently composed. It ordered Giraud Rhône Alpes and Macifilia to pay the costs and rejected the applications under Article 700 of the French Code of Civil Procedure.

    Supporting details

    2 authorities · 9 participants
    Children Worldwide Fashion
    Assurances générales de France IART
    SAS Transports Graveleau
    Société HELVETIA
    société Giraud Rhône Alpes
    Macifilia
    Evekas
    Representative
    SCP Rocheteau et Uzan-Sarano (For: Evekas · société Ergo Lietuva)
    société Ergo Lietuva
    Representative
    SCP Rocheteau et Uzan-Sarano (For: Evekas · société Ergo Lietuva)
    Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • Kompetenz-kompetenz principle
      legal principle
    • French Code of Civil Procedure
      statute

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Children Worldwide Fashion v Graveleau · Matter