Arbitral Digest

Matter

Dispute between two French companies concerning a subcontracting contract (French Court of Cassation, 6 April 1994)

Arbitration between Société française A and French Company B concerned Paris Court of Appeal held that the arbitration was international because the; related court records address the award and its treatment.

  • Jurisdiction and arbitration agreements

Procedural record

  1. 30 December 1988Arbitration

    30 December 1988Arbitration

    Arbitral award rendered in Paris on 30 December 1988

    Participants

    Société française A
    French Company B

    3 years, 3 months and 25 days later · 1211 days

  2. 24 April 1992France

    24 April 1992France

    Decision of the Paris Court of Appeal dated 24 April 1992

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal held that the arbitration was international because the contractual activities formed part of an arrangement for industrial works abroad, and it applied Article 1502 of the new Code of Civil Procedure to the annulment challenges.

    Participants

    Société française A
    French Company B
    Paris Court of Appeal

    Authorities cited

    3
    • French New Code of Civil Procedure, Article 1502
      statute
    • French New Code of Civil Procedure, Articles 1484 and 1485
      statute
    • French New Code of Civil Procedure, Articles 4, 12 and 16
      statute

    1 year, 11 months and 13 days later · 712 days

  3. 6 April 1994France

    6 April 1994France

    Decision of the French Court of Cassation dated 6 April 1994

    French Court of Cassation

    Decision summary
    The Court of Cassation rejected the appeal. It held that the internal or international character of an arbitration determines the regime governing challenges to the award and cannot be changed by agreement of the parties; the Paris Court of Appeal therefore properly treated the arbitration as international and applied Article 1502 of the new Code of Civil Procedure.

    Participants

    Société française A
    French Company B
    French Court of Cassation

    Authorities cited

    3
    • French New Code of Civil Procedure, Article 1502
      statute
    • French New Code of Civil Procedure, Articles 1484 and 1485
      statute
    • French New Code of Civil Procedure, Articles 4, 12 and 16
      statute

Matter record

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Dispute between two French companies concerning a subcontracting contract (French Court of Cassation, 6 April 1994) · Matter