Matter
Confexim v Etablissements Benaroya (French Court of Cassation, Second Civil Chamber, 26 January 1994)
- 18 March 1992France
18 March 1992France
Decision of the Paris Court of Appeal dated 18 March 1992
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal held that the state courts lacked jurisdiction over Etablissements Benaroya's counterclaim arising from the sale contract because the contract contained an arbitration clause.
Supporting details
3 participantsEtablissements Benaroya
Confexim
Fret service international
Paris Court of Appeal
1 year, 10 months and 8 days later · 679 days
- 26 January 1994France
26 January 1994France
Judgment of the French Court of Cassation, Second Civil Chamber dated 26 January 1994
French Court of Cassation, Second Civil Chamber
- Decision summary
- The Court of Cassation rejected Etablissements Benaroya's appeal and upheld the state courts' lack of jurisdiction over its counterclaim against Confexim under the contract's arbitration clause. It held that Confexim had sued Fret service international for damage caused by the alleged breach of the transitaire's obligations, not to recover part of the sale price, so the argument that Confexim had accepted state-court jurisdiction failed.
Supporting details
1 authority · 14 participantsEtablissements Benaroya
- Representative
- Me Choucroy (For: Etablissements Benaroya)
Confexim
- Representative
- Me Capron (For: Confexim)
Fret service international
French Court of Cassation, Second Civil Chamber
- Judge
- M. Zakine
- Judge
- M. Chartier
- Judge
- M. Delattre
- Judge
- M. Laplace
- Judge
- Mme Vigroux
- Judge
- M. Buffet
- Judge
- M. Mucchielli
- Advocate General
- M. Sainte-Rose
Other
- Institutional administrator
- Mme Lagardère