ETAP v Bomar Oil NV (French Court of Cassation)

Procedural record

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.

   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.

   Participants

   Entreprise Tunisienne d'Activités Pétrolières

   Bomar Oil NV

   Paris Court of Appeal

   2 years, 8 months and 21 days later · 995 days

3. 11 October 1989France

   11 October 1989France

   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.

   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