Arbitral Digest

Matter

Cross Continental Trading Ltd v Banque BIA and The International Banking Corporation BSC (Paris Court of Appeal RG 17/08354 and RG 17/12552)

  1. 4 April 2017France

    4 April 2017France

    Judgment of the Paris Commercial Court in case RG 2014060578 dated 4 April 2017

    Paris Commercial Court

    Case no.
    RG 2014060578
    Decision summary
    The Paris Commercial Court rejected the jurisdictional exceptions raised in Banque BIA's dispute with Cross Continental Trading Ltd, The International Banking Corporation BSC, and its administrator concerning payment under the confirmed soybean letter of credit.

    Supporting details

    4 participants
    Cross Continental Trading Limited
    The International Banking Corporation BSC
    Banque BIA
    Paris Commercial Court
    Other
    Institutional administrator
    Trowers & Hamlins LLP

    11 months and 23 days later · 357 days

  2. 27 March 2018France

    27 March 2018France

    Judgment of the Paris Court of Appeal, Division 1 - Chamber 1 in joined cases RG 17/08354 and RG 17/12552 dated 27 March 2018

    Paris Court of Appeal, Division 1 - Chamber 1

    Case no.
    RG 17/08354, joined with RG 17/12552
    Decision summary
    The Paris Court of Appeal joined the two jurisdictional appeals. It held that the state courts were not competent to determine Banque BIA's dispute with Cross Continental Trading Ltd because the sales contract's arbitration clause was not manifestly void or inapplicable, while confirming French jurisdiction over BIA's claim against The International Banking Corporation BSC and its administrator and remanding that dispute to the Paris Commercial Court for determination on the merits.

    Supporting details

    3 authorities · 12 participants
    Cross Continental Trading Limited
    Representative
    Andrew Tetley (For: Cross Continental Trading Limited)
    The International Banking Corporation BSC
    Representative
    Jean-François Canat (For: The International Banking Corporation BSC · Trowers & Hamlins LLP)
    Representative
    Marine Simmonet (For: The International Banking Corporation BSC · Trowers & Hamlins LLP)
    Banque BIA
    Representative
    Arslan Omar Ben Kritly (For: Banque BIA)
    Paris Court of Appeal, Division 1 - Chamber 1
    Other
    Institutional administrator
    Trowers & Hamlins LLP
    Institutional administrator
    Mélanie Pate

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • Council Regulation (EC) No. 44/2001
      statute

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Cross Continental Trading Ltd v Banque BIA and The International Banking Corporation BSC (Paris Court of Appeal RG 17/08354 and RG 17/12552) · Matter