Arbitral Digest

Matter

Consorts A... v Consorts X... (French Court of Cassation)

  1. 20 February 1958Algeria

    20 February 1958Algeria

    Judgment of the Court of Appeal of Constantine dated 20 February 1958

    Court of Appeal of Constantine

    Decision summary
    The Court of Appeal of Constantine ordered a judicial expert investigation in the dispute.

    Supporting details

    1 participant
    Consorts A...
    Court of Appeal of Constantine

    3 years, 3 months and 4 days later · 1189 days

  2. 24 May 1961Algeria

    24 May 1961Algeria

    Judgment of the Bougie Court dated 24 May 1961

    Bougie Court

    Decision summary
    The Bougie Court dismissed the action by Consorts A... seeking annulment of a participation in Le Comptoir du Plateau de Talmats, repayment of the amount paid, and damages.

    Supporting details

    4 participants
    Consorts A...
    Consorts X...
    Consorts Z...
    Consorts Y...
    Bougie Court

    3 years, 6 months and 9 days later · 1289 days

  3. 3 December 1964Algeria

    3 December 1964Algeria

    Judgment of the Court of Appeal of Constantine dated 3 December 1964

    Court of Appeal of Constantine

    Decision summary
    The Court of Appeal of Constantine confirmed dismissal of Consorts A...'s action concerning annulment of the participation, repayment of the amount paid, and damages.

    Supporting details

    4 participants
    Consorts A...
    Consorts X...
    Consorts Z...
    Consorts Y...
    Court of Appeal of Constantine

    5 years, 1 month and 11 days later · 1868 days

  4. 14 January 1970France

    14 January 1970France

    Judgment of the Toulouse Court of Appeal dated 14 January 1970

    Toulouse Court of Appeal

    Decision summary
    The Toulouse Court of Appeal held that the action was inadmissible because the Constantine Court of Appeal judgment had res judicata effect; that judgment was subsequently quashed for failing to answer the public-policy submissions.

    Supporting details

    2 participants
    Consorts A...
    Consorts X...
    Toulouse Court of Appeal

    3 years, 3 months and 24 days later · 1210 days

  5. 8 May 1973France

    8 May 1973France

    Judgment of the Bordeaux Court of Appeal dated 8 May 1973

    Bordeaux Court of Appeal

    Decision summary
    The Bordeaux Court of Appeal held that the Constantine Court of Appeal judgment had res judicata effect in France and barred the renewed action by Consorts A... It rejected the objections based on procedural regularity, French public policy, and the asserted lack of identity between the Algerian and French claims.

    Supporting details

    3 participants
    Consorts A...
    Consorts X...
    Consorts Legendre
    Bordeaux Court of Appeal
  6. Date not availableFrance

    Date not availableFrance

    Decision of the French Court of Cassation concerning the Bordeaux Court of Appeal judgment of 8 May 1973

    French Court of Cassation

    Decision summary
    The Court of Cassation rejected the appeal and upheld the recognition in France of the Constantine Court of Appeal judgment's res judicata effect. It held that, under the France–Algeria Convention of 27 August 1964 and the Judicial Protocol of 28 August 1962, the Algerian decision could have res judicata effect without exequatur because it dismissed the claim and did not require enforcement in France.

    Supporting details

    4 authorities · 3 participants
    Consorts A...
    Consorts X...
    Consorts Legendre
    French Court of Cassation

    Authorities cited

    4
    • French Civil Code, Articles 14, 15 and 1351
      statute
    • France–Algeria Convention dated 27 August 1964, Articles 1 and 2
      treaty
    • Decree dated 11 August 1965 publishing the France–Algeria Convention dated 27 August 1964
      statute
    • Judicial Protocol of 28 August 1962
      treaty

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Consorts A... v Consorts X... (French Court of Cassation) · Matter