Arbitral Digest

Matter

CMA/CGM v Hyundai Mipo Dockyard Co Ltd (French Court of Cassation judgment dated 9 March 2011)

  1. 29 September 2006France

    29 September 2006France

    Judgment of the Marseille Commercial Court in the case CMA/CGM v Hyundai Mipo Dockyard Co Ltd dated 29 September 2006

    Marseille Commercial Court

    Decision summary
    The Marseille Commercial Court held that it was competent to hear CMA/CGM's claim against Hyundai for damages arising from Hyundai's delayed consent to the partial transfer of the shipbuilding contracts, and ordered Hyundai to indemnify CMA/CGM.

    Supporting details

    2 participants
    CMA/CGM
    Hyundai Mipo Dockyard Co Ltd
    Marseille Commercial Court

    3 years, 2 months and 11 days later · 1168 days

  2. 10 December 2009France

    10 December 2009France

    Judgment of the Aix-en-Provence Court of Appeal in the case CMA/CGM v Hyundai Mipo Dockyard Co Ltd dated 10 December 2009

    Aix-en-Provence Court of Appeal

    Decision summary
    The Aix-en-Provence Court of Appeal held that the dispute over Hyundai's consent to the shipbuilding-contract transfer fell within the London arbitration clause, reversed the Marseille Commercial Court's judgment, and directed the parties to pursue the appropriate forum.

    Supporting details

    2 participants
    CMA/CGM
    Hyundai Mipo Dockyard Co Ltd
    Aix-en-Provence Court of Appeal

    1 year, 2 months and 27 days later · 454 days

  3. 9 March 2011France

    9 March 2011France

    Judgment of the French Court of Cassation, First Civil Chamber in the case CMA/CGM v Hyundai Mipo Dockyard Co Ltd dated 9 March 2011

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected CMA/CGM's appeal and upheld the ruling that the Marseille Commercial Court was not competent to determine CMA/CGM's damages claim against Hyundai. The claim concerned Hyundai's delay in consenting to the transfer of shipbuilding contracts, and the dispute was subject to the international arbitration clause; CMA/CGM was ordered to pay costs and EUR 3,000 to Hyundai under article 700 of the French Code of Civil Procedure.

    Supporting details

    4 authorities · 3 participants
    CMA/CGM
    Representative
    SCP Delaporte, Briard et Trichet (For: CMA/CGM)
    Hyundai Mipo Dockyard Co Ltd
    French Court of Cassation, First Civil Chamber

    Authorities cited

    4
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
    • Council Regulation (EC) No. 44/2001 of 22 December 2000
      statute
    • Court of Justice of the European Communities decision of 10 February 2009
      case-law

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CMA/CGM v Hyundai Mipo Dockyard Co Ltd (French Court of Cassation judgment dated 9 March 2011) · Matter