Clergeau (formerly FMT Productions) v Prodexport

Procedural record

1. 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.

   Participants

   Clergeau (formerly FMT Productions)

   Prodexport

   Poitiers Court of Appeal

   2 years, 2 months and 6 days later · 798 days

2. 3 June 1997France

   3 June 1997France

   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.

   Participants

   Clergeau (formerly FMT Productions)

   Prodexport

   French Court of Cassation

   Authorities cited

   2

   • French Civil Code
     statute
   • French New Code of Civil Procedure
     statute