Delattre-Levivier v Omnium marocain de pêche

Procedural record

1. 16 December 1988France

   16 December 1988France

   Judgment of the Paris Court of Appeal, First Chamber, Section C dated 16 December 1988

   Paris Court of Appeal, First Chamber, Section C

   Decision summary

   The Paris Court of Appeal rejected Delattre-Levivier's application to set aside the arbitral award concerning delay penalties and the provisional acceptance date of the works.

   Participants

   Delattre-Levivier

   Omnium marocain de pêche

   Paris Court of Appeal, First Chamber, Section C

   1 year, 10 months and 21 days later · 690 days

2. 6 November 1990France

   6 November 1990France

   Judgment of the French Court of Cassation, First Civil Chamber dated 6 November 1990

   French Court of Cassation, First Civil Chamber

   Decision summary

   The French Court of Cassation rejected Delattre-Levivier's appeal against the Paris Court of Appeal judgment. It held that the arbitral tribunal properly relied on the production and uncontested content of the provisional-acceptance records when fixing 28 June 1985 as the date for the entire works, and that the circumstances surrounding the records and their amended effective dates were in the parties' submissions.

   Participants

   Delattre-Levivier

   Representative

   SCP Lyon-Caen, Fabiani et Thiriez (For: Delattre-Levivier)

   Omnium marocain de pêche

   Representative

   SCP Boré et Xavier (For: Omnium marocain de pêche)

   French Court of Cassation, First Civil Chamber

   Judge

   Camille Bernard

   Judge

   Lemontey

   Judge

   X...

   Judge

   Y...

   Judge

   Bernard de Saint-Affrique

   Judge

   Averseng

   Judge

   Gélineau-Larrivet

   Judge

   Savatier

   Advocate General

   Lupi

   Other

   Institutional administrator

   Ydrac

   Authorities cited

   1

   • French New Code of Civil Procedure
     statute
3. Date not availableArbitration

   Date not availableArbitration

   Arbitral Award

   Decision summary

   The arbitral tribunal ordered Delattre-Levivier to pay delay penalties and fixed 28 June 1985 as the provisional acceptance date for the entire port and ship-repair works.

   Participants

   Delattre-Levivier

   Omnium marocain de pêche