Arbitral Digest

Matter

Comalait v Hatif Y (French Court of Cassation, First Civil Chamber)

French proceedings concerning Comalait and Hatif Y.

  • Jurisdiction and arbitration agreements
Industry type
Wholesale and retail trade

Procedural record

  1. 28 November 1986Côte-d'Ivoire

    28 November 1986Côte-d'Ivoire

    Judgment of the Abidjan Court of Appeal dated 28 November 1986

    Abidjan Court of Appeal

    Decision summary
    The Abidjan Court of Appeal ordered Comalait to compensate Hatif Y... for the difference between the purchase price and the resale price of milk powder considered unfit for human consumption.

    Participants

    Comalait SMIA
    Representative
    X... (For: Comalait SMIA)
    Hatif Y...
    Abidjan Court of Appeal

    11 months later · 334 days

  2. 28 October 1987France

    28 October 1987France

    Order of the President of the Cusset Regional Court dated 28 October 1987

    Cusset Regional Court

    Decision summary
    The President of the Cusset Regional Court declared enforceable in France the 28 November 1986 judgment of the Abidjan Court of Appeal ordering Comalait to compensate Hatif Y... for the difference between the purchase and resale prices of milk powder considered unfit for human consumption.

    Participants

    Comalait SMIA
    Hatif Y...
    Cusset Regional Court

    2 years, 6 months and 4 days later · 917 days

  3. 2 May 1990France

    2 May 1990France

    Judgment of the French Court of Cassation, First Civil Chamber

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected Comalait's appeal against the Cusset order declaring enforceable in France the 28 November 1986 judgment of the Abidjan Court of Appeal. It held that the pending Ivorian cassation appeal did not suspend enforcement and that the foreign proceedings satisfied the Franco-Ivorian agreement's representation requirement.

    Participants

    Comalait SMIA
    Representative
    Choucroy (For: Comalait SMIA)
    Hatif Y...
    Representative
    Ricard (For: Hatif Y...)
    French Court of Cassation, First Civil Chamber
    Judge
    Camille Bernard
    Judge
    Pinochet
    Judge
    Bernard de Saint-Affrique
    Judge
    Thierry
    Judge
    Averseng
    Judge
    Lemontey
    Judge
    Gélineau-Larrivet
    Judge
    Savatier
    Advocate General
    Dontenwille
    Other
    Institutional administrator
    Ydrac

    Authorities cited

    2
    • Franco-Ivorian Agreement on Judicial Cooperation of 24 April 1961, Articles 36–41
      treaty
    • French New Code of Civil Procedure, Article 509
      statute

Matter record

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Comalait v Hatif Y (French Court of Cassation, First Civil Chamber) · Matter