Arbitral Digest

Matter

ETAP v Bomar Oil NV (French Court of Cassation)

Seat
France
Applicable rules
UNCITRAL Arbitration Rules
  1. 25 January 1985France

    25 January 1985France

    Arbitral award dated 25 January 1985

    Decision summary
    The arbitral tribunal rejected Bomar Oil NV's objection that it lacked jurisdiction.

    Supporting details

    2 participants
    Entreprise Tunisienne d'Activités Pétrolières
    Bomar Oil NV

    1 year, 11 months and 26 days later · 725 days

  2. 20 January 1987France

    20 January 1987France

    Judgment of the Paris Court of Appeal dated 20 January 1987

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal rejected Bomar Oil NV's application to set aside the arbitral award.

    Supporting details

    2 participants
    Entreprise Tunisienne d'Activités Pétrolières
    Bomar Oil NV
    Paris Court of Appeal
  3. Date not availableFrance

    Date not availableFrance

    Judgment of the French Court of Cassation in ETAP v Bomar Oil NV

    French Court of Cassation

    Decision summary
    The French Court of Cassation held that an arbitration clause incorporated by reference into a contract must be mentioned in the main agreement, unless habitual dealings establish the parties' complete knowledge of the written terms governing their commercial relationship. It quashed and annulled the Paris Court of Appeal judgment of 20 January 1987 and remanded the case to the Versailles Court of Appeal.

    Supporting details

    2 authorities · 2 participants
    Entreprise Tunisienne d'Activités Pétrolières
    Bomar Oil NV
    French Court of Cassation

    Authorities cited

    2
    • New York Convention of 10 June 1958
      treaty
    • French law applicable at the seat of the arbitration
      statute

Matter record

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ETAP v Bomar Oil NV (French Court of Cassation) · Matter