Arbitral Digest

Matter

Peter X... and Julie Y... X... v Fountaine Pajot (French exequatur proceedings)

  1. 26 February 2003United States

    26 February 2003United States

    Judgment of the Superior Court of California, County of Alameda dated 26 February 2003

    Superior Court of California, County of Alameda

    Decision summary
    The court ordered Fountaine Pajot to pay the purchasers compensatory damages for defects in their catamaran and punitive damages, for a total stated award of USD 3,253,734.45.

    Supporting details

    3 participants
    Peter X...
    Julie Y... épouse X...
    Fountaine Pajot
    Superior Court of California, County of Alameda

    4 years, 2 months and 26 days later · 1546 days

  2. 22 May 2007France

    22 May 2007France

    Judgment of the French Court of Cassation, First Civil Chamber dated 22 May 2007

    French Court of Cassation, First Civil Chamber

    Case no.
    05-20.473
    Decision summary
    The Court of Cassation issued the prior cassation judgment after which the Poitiers Court of Appeal reconsidered the X spouses' French exequatur claim.

    Supporting details

    3 participants
    Peter X...
    Julie Y... épouse X...
    Fountaine Pajot
    French Court of Cassation, First Civil Chamber

    1 year, 9 months and 4 days later · 646 days

  3. 26 February 2009France

    26 February 2009France

    Judgment of the Court of Appeal of Poitiers dated 26 February 2009

    Court of Appeal of Poitiers

    Decision summary
    The court refused exequatur in France of the California judgment, holding that the punitive damages were manifestly disproportionate to the purchasers' loss and the contractual breaches.

    Supporting details

    4 participants
    Peter X...
    Julie Y... épouse X...
    Fountaine Pajot
    Allianz IARD
    Court of Appeal of Poitiers

    1 year, 9 months and 5 days later · 643 days

  4. 1 December 2010France

    1 December 2010France

    Judgment of the French Court of Cassation, First Civil Chamber dated 1 December 2010

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected the spouses' principal appeal and upheld the refusal to recognize the California judgment in France because the punitive damages were disproportionate to the loss and contractual breaches.

    Supporting details

    4 authorities · 6 participants
    Peter X...
    Representative
    SCP Barthélemy, Matuchansky et Vexliard (For: Peter X... · Julie Y... épouse X...)
    Julie Y... épouse X...
    Representative
    SCP Barthélemy, Matuchansky et Vexliard (For: Peter X... · Julie Y... épouse X...)
    Fountaine Pajot
    Allianz IARD
    Representative
    SCP Delaporte, Briard et Trichet (For: Allianz IARD)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    4
    • French Civil Code, Articles 3 and 15
      statute
    • French Code of Civil Procedure, Articles 509 and 700
      statute
    • United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980, Articles 25 and 74
      statute
    • French Declaration of the Rights of Man and of the Citizen, Article 8
      statute

    1 year, 5 months and 10 days later · 527 days

  5. 11 May 2012United States

    11 May 2012United States

    Judgment of the California court dated 11 May 2012

    Decision summary
    The California court issued a nunc pro tunc judgment presenting the allocation of the 2003 judgment's compensatory and punitive damages differently; it did not rectify or interpret the original judgment.

    Supporting details

    3 participants
    Peter X...
    Julie Y... épouse X...
    Fountaine Pajot

    4 years, 1 month and 13 days later · 1505 days

  6. 24 June 2016France

    24 June 2016France

    Judgment of the Court of Appeal of Poitiers dated 24 June 2016

    Court of Appeal of Poitiers, First Civil Chamber

    Decision summary
    The court rejected the spouses' attempt to obtain partial exequatur of the California judgment and treated their renewed claim as barred by the authority of the earlier exequatur decision; it also found an abuse of the right to bring proceedings.

    Supporting details

    4 participants
    Peter X...
    Julie Y... épouse X...
    Fountaine Pajot
    Allianz IARD
    Court of Appeal of Poitiers, First Civil Chamber

    1 year and 11 months later · 699 days

  7. 24 May 2018France

    24 May 2018France

    Judgment of the French Court of Cassation, First Civil Chamber in the case E 16-26.012 dated 24 May 2018

    French Court of Cassation, First Civil Chamber

    Case no.
    E 16-26.012
    Decision summary
    The Court of Cassation rejected the spouses' appeal, holding that the 2012 nunc pro tunc judgment did not create a new or divisible basis for partial exequatur and that the renewed proceedings were abusive.

    Supporting details

    2 authorities · 7 participants
    Peter X...
    Representative
    SCP Matuchansky, Poupot et Valdelièvre (For: Peter X... · Julie Y... épouse X...)
    Julie Y... épouse X...
    Representative
    SCP Matuchansky, Poupot et Valdelièvre (For: Peter X... · Julie Y... épouse X...)
    Fountaine Pajot
    Representative
    SCP Boré, Salve de Bruneton et Mégret (For: Fountaine Pajot)
    Allianz IARD
    Representative
    SCP François-Henri Briard (For: Allianz IARD)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • French Civil Code, Articles 3, 1351 and 1382
      statute
    • French Code of Civil Procedure, Articles 330, 480, 509 and 700
      statute

Matter record

Report a correction

Peter X... and Julie Y... X... v Fountaine Pajot (French exequatur proceedings) · Matter