Arbitral Digest

Matter

Elham X... v Mohammad X... (French Court of Cassation, First Civil Chamber, 26 October 2011)

  1. 26 January 2009France

    26 January 2009France

    Order of the Paris Regional Court case-management judge dated 26 January 2009

    Paris Regional Court, Case Management Judge

    Decision summary
    The case-management judge accepted the defendants' jurisdiction objection and referred Elham X... to arbitration under the company's arbitration clause.

    Supporting details

    4 participants
    Elham X...
    Mohammad X... company
    Issa X...
    Members of the supervisory board
    Paris Regional Court, Case Management Judge

    10 months and 12 days later · 316 days

  2. 8 December 2009France

    8 December 2009France

    Judgment of the Paris Court of Appeal dated 8 December 2009

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal upheld the case-management decision accepting the defendants' jurisdiction objection and referred Elham X... to arbitration under the company's arbitration clause.

    Supporting details

    3 participants
    Elham X...
    Mohammad X... company
    Issa X...
    Paris Court of Appeal

    1 year, 10 months and 18 days later · 687 days

  3. 26 October 2011France

    26 October 2011France

    Judgment of the French Court of Cassation, First Civil Chamber dated 26 October 2011

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation dismissed Elham X...'s appeal and upheld the Paris Court of Appeal's decision referring her action against Mohammad X... company, Issa X..., and the supervisory board members to arbitration. It held that the arbitration clause in the company's Saudi statutes was not manifestly null or inapplicable and that the arbitral tribunal had priority to rule on its own jurisdiction.

    Supporting details

    5 authorities · 9 participants
    Elham X...
    Representative
    SCP Delaporte, Briard et Trichet (For: Elham X...)
    Mohammad X... company
    Issa X...
    Members of the supervisory board
    Bakr X...
    Yehia X...
    Khalaf D...
    Abdellah E...
    French Court of Cassation, First Civil Chamber

    Authorities cited

    5
    • Saudi Arbitration Law
      statute
    • Saudi Companies Law
      statute
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
    • Lugano Convention of 16 September 1988
      treaty

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Elham X... v Mohammad X... (French Court of Cassation, First Civil Chamber, 26 October 2011) · Matter