Arbitral Digest

Matter

Ema films v Almira films (French Court of Cassation)

Ema films v Almira films arbitration concerning tribunal constitution, with related court proceedings.

Jurisdiction and arbitration agreements

Applicable rules: Arbitration Rules of the Professional Cinematographic Association for Conciliation and Arbitration

19 October 1987Arbitration
19 October 1987Arbitration
Arbitral sentence of 19 October 1987
Professional Film Conciliation and Arbitration Association
Decision summary
The arbitrators terminated the 1986 convention because each party had breached its respective obligations.
Participants
Ema films
Representative
Pierrel (For: Ema films)
Almira films
Professional Film Conciliation and Arbitration Association
Mentioned in judgment
3 years, 3 months and 17 days later · 1205 days
5 February 1991France
5 February 1991France
Judgment of the French Court of Cassation
French Court of Cassation
Decision summary
The Court of Cassation rejected Almira films' appeal against the Paris Court of Appeal judgment dismissing the challenge to the arbitral sentence. It held that international public-order principles concerning insolvency proceedings and the right to adversarial proceedings required the arbitrators to account for the interruption of the proceedings and to allow the liquidator a renewed six-month period to present Ema films' case.
Participants
Almira films
Ema films
Representative
Pierrel (For: Ema films)
French Court of Cassation
Authorities cited
3
- French Law of 25 January 1985
  statute
- French New Code of Civil Procedure
  statute
- French Civil Code
  statute
Source