Arbitral Digest

Matter

Ecurie de courses arabes et anglo-arabes (EC3A) v UBS Switzerland AG (French Court of Cassation, Case No. 16-17.381)

  1. 15 March 2012France

    15 March 2012France

    Order of the Bourg-en-Bresse Enforcement Judge dated 15 March 2012

    Bourg-en-Bresse Enforcement Judge

    Decision summary
    The Bourg-en-Bresse enforcement judge authorised UBS to obtain a protective attachment on the basis of Swiss certificates of default concerning the debt owed by Mr Z....

    Supporting details

    3 participants
    UBS Switzerland AG
    Ecurie de courses arabes et anglo-arabes (EC3A)
    Mr Z...
    Bourg-en-Bresse Enforcement Judge

    6 months and 12 days later · 196 days

  2. 27 September 2012France

    27 September 2012France

    Order of the President of the Paris Regional Court dated 27 September 2012

    President of the Paris Regional Court

    Decision summary
    The President of the Paris Regional Court granted exequatur in France to three Swiss certificates of default held by UBS against Mr Z....

    Supporting details

    2 participants
    UBS Switzerland AG
    Mr Z...
    President of the Paris Regional Court

    1 year, 2 months and 13 days later · 439 days

  3. 10 December 2013France

    10 December 2013France

    Judgment of the Paris Court of Appeal dated 10 December 2013

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal confirmed the exequatur order for three Swiss certificates of default obtained by UBS, giving UBS an enforceable title in France against Mr Z....

    Supporting details

    2 participants
    Mr Z...
    UBS Switzerland AG
    Paris Court of Appeal

    2 years and 3 months later · 821 days

  4. 10 March 2016France

    10 March 2016France

    Judgment of the Lyon Court of Appeal, Sixth Chamber dated 10 March 2016

    Lyon Court of Appeal, Sixth Chamber

    Decision summary
    The Lyon Court of Appeal held that UBS preserved its protective attachment by bringing a payment claim in Lausanne within one month and rejected EC3A's challenge that the attachment had lapsed.

    Supporting details

    2 participants
    Ecurie de courses arabes et anglo-arabes (EC3A)
    UBS Switzerland AG
    Lyon Court of Appeal, Sixth Chamber

    1 year, 6 months and 18 days later · 567 days

  5. 28 September 2017France

    28 September 2017France

    Judgment No. 1263 F-P+B of the French Court of Cassation, Second Civil Chamber in the case No. 16-17.381 dated 28 September 2017

    French Court of Cassation, Second Civil Chamber

    Decision summary
    The Court of Cassation set aside the Lyon Court of Appeal judgment because UBS had to commence proceedings for recognition and enforcement in France of the Swiss certificates of default within the statutory period, rather than relying only on a Lausanne payment action. It remitted the case to the Lyon Court of Appeal differently composed, ordered UBS to pay the costs, and awarded EC3A 3,500 euros under Article 700 of the Code of Civil Procedure.

    Supporting details

    10 authorities · 9 participants
    Ecurie de courses arabes et anglo-arabes (EC3A)
    Representative
    SCP Bénabent et Jéhannin (For: Ecurie de courses arabes et anglo-arabes (EC3A))
    UBS Switzerland AG
    Representative
    SCP Lévis (For: UBS Switzerland AG)
    French Court of Cassation, Second Civil Chamber
    Judge
    Ms X...
    Judge
    Ms B...
    Advocate General
    Ms Y...
    Other
    Institutional administrator
    Ms Molle-de-Hédouville

    Authorities cited

    10
    • Article L. 111-3 of the French Code of Civil Enforcement Procedures (French Code of Civil Enforcement Procedures)
      statute
    • Article L. 511-4 of the French Code of Civil Enforcement Procedures (French Code of Civil Enforcement Procedures)
      statute
    • Article R. 511-7 of the French Code of Civil Enforcement Procedures (French Code of Civil Enforcement Procedures)
      statute
    • Article R. 523-5 of the French Code of Civil Enforcement Procedures (French Code of Civil Enforcement Procedures)
      statute
    • Article R. 511-8 of the French Code of Civil Enforcement Procedures (French Code of Civil Enforcement Procedures)
      statute
    • Article 654 of the French Code of Civil Procedure (French Code of Civil Procedure)
      statute
    • Article 658 of the French Code of Civil Procedure (French Code of Civil Procedure)
      statute
    • Article 1315 of the French Civil Code (French Civil Code)
      statute
    • French Code of Civil Procedure
      statute
    • Toulouse Court of Appeal judgment
      case-law

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Ecurie de courses arabes et anglo-arabes (EC3A) v UBS Switzerland AG (French Court of Cassation, Case No. 16-17.381) · Matter