Arbitral Digest

Matter

EARL DU GRAND TAPEREY v S.A.S. CEREAPRO COLLECTE (Paris Court of Appeal RG 23/14356, 30 January 2025)

Case no.
3375
Applicable rules
Arbitration Rules of the International Arbitration Chamber of Paris · 2021 French Rules and Trade Practices for Grain, Oilseed, Protein-Crop, Pulse, Soil-Product and Derivatives Trade
  1. 14 June 2023Arbitration

    14 June 2023Arbitration

    Arbitral Award dated 14 June 2023

    Paris International Arbitration Chamber (CAIP)

    Decision summary
    The tribunal declared itself competent, held that the parties' grain-sale contracts were formed and that EARL DU GRAND TAPEREY was in default from 26 July 2022, and ordered it to pay EUR 24,240 in contractual indemnities, interest, EUR 888 in broker costs, EUR 8,000 under Article 700 of the French Code of Civil Procedure, and the arbitration costs.

    Supporting details

    3 participants
    S.A.S. CEREAPRO COLLECTE
    EARL DU GRAND TAPEREY
    Paris International Arbitration Chamber (CAIP)
    Arbitrator
    [Z] [I]

    1 year, 7 months and 16 days later · 596 days

  2. 30 January 2025France

    30 January 2025France

    Judgment of the Paris Court of Appeal, Division 5, Chamber 16 in case RG 23/14356 dated 30 January 2025

    Paris Court of Appeal, Division 5, Chamber 16

    Case no.
    RG 23/14356
    Decision summary
    The Paris Court of Appeal annulled the 14 June 2023 arbitral award. It held that, although the award was motivated, the tribunal had not shown that it considered equity as required when acting as amiable compositeur, having applied the legal rules and contractual provisions automatically. Céréapro Collecte was ordered to pay the costs and EUR 5,000 under Article 700 of the French Code of Civil Procedure.

    Supporting details

    3 authorities · 12 participants
    EARL DU GRAND TAPEREY
    Representative
    Luca DE MARIA (For: EARL DU GRAND TAPEREY)
    Representative
    SELARL PELLERIN - DE MARIA - GUERRE (For: EARL DU GRAND TAPEREY)
    S.A.S. CEREAPRO COLLECTE
    Representative
    Nadia BOUZIDI-FABRE (For: S.A.S. CEREAPRO COLLECTE)
    Representative
    Vincent BÉNÉZECH (For: S.A.S. CEREAPRO COLLECTE)
    Representative
    HFW (For: S.A.S. CEREAPRO COLLECTE)
    Paris Court of Appeal, Division 5, Chamber 16
    Other
    Institutional administrator
    Fanny MARCEL
    Institutional administrator
    Najma EL FARISSI

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute
    • French Court of Cassation, First Civil Chamber, 24 May 2018, No. 17-18.796
      case law

Matter record

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EARL DU GRAND TAPEREY v S.A.S. CEREAPRO COLLECTE (Paris Court of Appeal RG 23/14356, 30 January 2025) · Matter