Arbitral Digest

Matter

Crédit Bancorp — Mr X... and Mr Y...

  1. 21 January 2000United States

    21 January 2000United States

    Order of the United States District Court for the Southern District of New York dated 21 January 2000

    United States District Court for the Southern District of New York

    Decision summary
    The court appointed Mr Y... as receiver for Crédit Bancorp to recover misappropriated assets and pursue related claims, and ordered Mr X... to cooperate with him.

    Supporting details

    3 participants
    Mr Y...
    Crédit Bancorp
    United States District Court for the Southern District of New York

    2 months and 15 days later · 75 days

  2. 5 April 2000United States

    5 April 2000United States

    Order of the United States District Court for the Southern District of New York dated 5 April 2000

    United States District Court for the Southern District of New York

    Decision summary
    The court renewed the order requiring Mr X... to cooperate with the receiver and imposed an escalating coercive payment beginning at USD 100 per day for non-compliance.

    Supporting details

    3 participants
    Mr X...
    Mr Y...
    United States District Court for the Southern District of New York

    3 months and 20 days later · 111 days

  3. 25 July 2000United States

    25 July 2000United States

    Order of the United States District Court for the Southern District of New York dated 25 July 2000

    United States District Court for the Southern District of New York

    Decision summary
    The court liquidated the coercive payment for Mr X...'s failure to comply with its order at USD 13,107,200 plus interest.

    Supporting details

    3 participants
    Mr X...
    Mr Y...
    United States District Court for the Southern District of New York

    6 years, 1 month and 4 days later · 2226 days

  4. 29 August 2006France

    29 August 2006France

    Judgment of the Chambéry Court of Appeal dated 29 August 2006

    Chambéry Court of Appeal

    Decision summary
    The Chambéry Court of Appeal declared enforceable in France the 25 July 2000 order of the United States District Court for the Southern District of New York imposing the liquidated coercive payment on Mr X... .

    Supporting details

    2 participants
    Mr Y...
    Mr X...
    Chambéry Court of Appeal

    2 years, 4 months and 30 days later · 883 days

  5. 28 January 2009France

    28 January 2009France

    Judgment No. 65 of the French Court of Cassation, First Civil Chamber dated 28 January 2009

    French Court of Cassation, First Civil Chamber

    Citation
    No. 65 (Civ. I)
    Decision summary
    The Court of Cassation dismissed Mr X...'s appeal and upheld the exequatur in France of the 25 July 2000 New York order imposing a coercive payment. It held that the order was civil in nature and that the amount of the liquidated penalty was not contrary to the principle of proportionality.

    Supporting details

    5 authorities · 3 participants
    Mr X...
    Representative
    Foussard (For: Mr X...)
    Mr Y...
    French Court of Cassation, First Civil Chamber

    Authorities cited

    5
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
    • French Criminal Code
      statute
    • French Declaration of the Rights of Man and of the Citizen dated 26 August 1789
      declaration
    • European Convention on Human Rights, Additional Protocol No. 1
      treaty

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Crédit Bancorp — Mr X... and Mr Y... · Matter