Arbitral Digest

Matter

Consorts [T] v Consorts [H] (French Court of Cassation, First Civil Chamber, X 19-25.534)

  1. 5 June 2009France

    5 June 2009France

    Judgment of the Tribunal de grande instance de Bonneville dated 5 June 2009, corrected 2 October 2009

    Tribunal de grande instance de Bonneville

    Decision summary
    The Bonneville court rejected the buyers' principal claim to annul the transfer of shares in the French real-estate company and stayed the claim to rescind that transfer pending the American court's decision.

    1 year, 1 month and 7 days later · 402 days

  2. 12 July 2010United States

    12 July 2010United States

    Default judgment of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida dated 12 July 2010

    Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida

    Decision summary
    The Florida court annulled the contracts of 30 January and 18 June 2004, ordered the defendants jointly and severally to pay US$241,129.20 plus legal interest, and ordered them to transfer the shares of SCI Odillette to the buyers.
  3. 12 July 2010United States

    12 July 2010United States

    Order of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida dated 12 July 2010

    Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida

    Decision summary
    The Florida court granted the Consorts [T] application to strike the Consorts [H] pleadings.

    3 months and 29 days later · 121 days

  4. 10 November 2010United States

    10 November 2010United States

    Decision of the Broward County Court, Florida dated 10 November 2010

    Broward County Court, Florida

    Decision summary
    The Broward County Court rejected the defendants' motion to annul the 12 July 2010 default judgment.

    1 year, 5 months and 1 day later · 518 days

  5. 11 April 2012United States

    11 April 2012United States

    Per curiam decision of the District Court of Appeal of Florida dated 11 April 2012

    District Court of Appeal of Florida

    Decision summary
    The District Court of Appeal of Florida affirmed the orders rejecting the defendants' motion to annul the final default judgment.

    4 years, 8 months and 25 days later · 1730 days

  6. 5 January 2017France

    5 January 2017France

    Case-management order of 5 January 2017

    Case-management judge of the Paris Court of Appeal

    Decision summary
    The case-management judge stayed the appeal proceedings pending a final decision on exequatur of the American decisions.

    2 years, 9 months and 17 days later · 1020 days

  7. 22 October 2019France

    22 October 2019France

    Judgment of the Paris Court of Appeal dated 22 October 2019

    Paris Court of Appeal, Division 1, Chamber 1

    Decision summary
    The Paris Court of Appeal rejected the Consorts [T] application for exequatur of the Florida decisions.

    1 year, 7 months and 18 days later · 596 days

  8. 9 June 2021France

    9 June 2021France

    Judgment of the French Court of Cassation, First Civil Chamber in the case X 19-25.534 dated 9 June 2021

    French Court of Cassation, First Civil Chamber

    Case no.
    X 19-25.534
    Citation
    Arrêt n° 426 F-D
    Decision summary
    The French Court of Cassation rejected the Consorts [T] appeal against the refusal to grant exequatur to the Florida decisions. It held that the French judgment rejecting annulment of the transfer of shares was incompatible with the Florida decision that also annulled that transfer, and ordered the Consorts [T] parties to pay EUR 3,000 in costs to the Consorts [H] parties.

    Supporting details

    3 authorities · 21 participants
    Ms [F] [T]
    Ms [Q] [T]
    Mr [I] [T]
    Ms [B] [T]
    Mr [P] [T]
    Ms [L] [T]
    Ms [Y] [T]
    Ms [R] [T]
    Ms [G] [T]
    Ms [V] [T]
    Keating Company
    Representative
    Mr [H] [J] (For: Keating Company)
    Mr [N] [H]
    Ms [W] [L]
    Mr [T] [H]
    Prosecutor General at the Paris Court of Appeal
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Hascher
    Judge
    Auroy
    Other
    Representative
    SARL Meier-Bourdeau, Lécuyer et associés (For: Consorts [T])
    Representative
    SCP Waquet, Farge et Hazan (For: Consorts [H])

    Authorities cited

    3
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
    • European Convention on Human Rights
      treaty

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Consorts [T] v Consorts [H] (French Court of Cassation, First Civil Chamber, X 19-25.534) · Matter