Arbitral Digest

Matter

Clergeau (formerly FMT Productions) v Prodexport

28 March 1995France
28 March 1995France
Judgment of the Poitiers Court of Appeal dated 28 March 1995 in Clergeau (formerly FMT Productions) v Prodexport
Poitiers Court of Appeal
Decision summary
The Poitiers Court of Appeal refused to give effect to the arbitration clause in the international frozen-meat contract between Clergeau (later FMT Productions) and Prodexport.
Supporting details
2 participants
Clergeau (formerly FMT Productions)
Prodexport
Poitiers Court of Appeal
Mentioned in judgment
Date not availableFrance
Date not availableFrance
Decision of the French Court of Cassation in Clergeau (formerly FMT Productions) v Prodexport
French Court of Cassation
Decision summary
The French Court of Cassation quashed the Poitiers Court of Appeal judgment concerning the refusal to give effect to an arbitration clause in the international frozen-meat contract between Clergeau (later FMT Productions) and Prodexport. It held that an arbitration clause incorporated by reference may be valid when the opposing party knew of and accepted the reference, and remanded the case to the Limoges Court of Appeal.
Supporting details
2 authorities · 2 participants
Clergeau (formerly FMT Productions)
Prodexport
French Court of Cassation
Authorities cited
2
- French Civil Code
  statute
- French New Code of Civil Procedure
  statute
Direct judgment