Arbitral Digest

Matter

Doga v HTC Sweden AB (French Court of Cassation, First Civil Chamber, 8 July 2010)

9 April 2009France
9 April 2009France
Judgment of the Versailles Court of Appeal dated 9 April 2009
Versailles Court of Appeal
Decision summary
The Versailles Court of Appeal rejected Doga's jurisdictional objection and held that the Versailles Commercial Court lacked jurisdiction in favour of the arbitral tribunal to be constituted.
Supporting details
2 participants
Doga
HTC Sweden AB
Versailles Court of Appeal
Mentioned in judgment
1 year, 2 months and 29 days later · 455 days
8 July 2010France
8 July 2010France
Decision of the French Court of Cassation, First Civil Chamber dated 8 July 2010
French Court of Cassation, First Civil Chamber
Decision summary
The Court of Cassation rejected Doga's appeal and upheld the priority of arbitral jurisdiction. It held that the arbitration clause was not manifestly inapplicable because Doga's claim concerning the abrupt termination of the distribution relationship was connected with the contract, even though mandatory rules could govern the merits.
Supporting details
5 authorities · 3 participants
Doga
Representative
SCP Delaporte, Briard et Trichet (For: Doga)
HTC Sweden AB
French Court of Cassation, First Civil Chamber
Authorities cited
5
- French Civil Code, Article 3
  statute
- French Commercial Code, Article L. 442-6 I 5°
  statute
- French Code of Civil Procedure, Articles 1458 and 700
  statute
- Law No. 2001-420 dated 15 May 2001
  statute
- Lyon Court of Appeal Judgment dated 30 April 2008
  case law
Direct judgment