Matter
Euro Disney v Impresa Pizzarotti and SOGI (French Court of Cassation, Second Civil Chamber, 11 October 1995)
- 3 July 1992France
3 July 1992France
Judgment of the Paris Court of Appeal, Fourteenth Chamber Section B, dated 3 July 1992
Paris Court of Appeal, Fourteenth Chamber Section B
- Decision summary
- The Paris Court of Appeal confirmed the interim order directing an expert examination of the works performed under the contracts. The examination could compare the completed works with the contractual specifications and determine whether work outside the initial contract had been performed without requiring the expert to interpret the contract.
Supporting details
1 authority · 3 participantsEuro Disney SCA
Impresa Pizzarotti et C. SPA
SOGI
Paris Court of Appeal, Fourteenth Chamber Section B
3 years, 3 months and 8 days later · 1195 days
- 11 October 1995France
11 October 1995France
Judgment of the French Court of Cassation, Second Civil Chamber, dated 11 October 1995
French Court of Cassation, Second Civil Chamber
- Decision summary
- The Court of Cassation dismissed Euro Disney's appeal and ordered it to pay the costs. It held that an arbitration agreement did not prevent the interim judge from ordering, under Article 145 of the French New Code of Civil Procedure and before the competent tribunal was seized, legally admissible evidentiary measures, including measures extending beyond material observations. It further held that the expert mission did not encroach on the arbitral tribunal's jurisdiction because comparing completed works with the contractual specifications did not require interpreting the contract.
Supporting details
3 authorities · 14 participantsEuro Disney SCA
- Representative
- Baraduc-Benabent (For: Euro Disney SCA)
Impresa Pizzarotti et C. SPA
- Representative
- SCP Célice and Blancpain (For: Impresa Pizzarotti et C. SPA · SOGI)
SOGI
- Representative
- SCP Célice and Blancpain (For: Impresa Pizzarotti et C. SPA · SOGI)
French Court of Cassation, Second Civil Chamber
Other
- Institutional administrator
- Claude Gautier
- Date not availableArbitration
Date not availableArbitration
Order of the President of the Commercial Court granting an expert examination
- Decision summary
- The order directed an expert examination concerning the works performed under the construction contracts, including their extent and conformity with the parties' initial contractual provisions.
Supporting details
3 participantsEuro Disney SCA
Impresa Pizzarotti et C. SPA
SOGI