Arbitral Digest

Matter

Euronor v Scana Volda (Bressay Bank propulsion-system arbitration dispute)

Applicable rules
ICC Conciliation and Arbitration Rules
  1. 23 February 2011France

    23 February 2011France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 23 February 2011

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation quashed the Douai Court of Appeal judgment that had rejected Scana Volda's arbitration objection and held that the Boulogne-sur-Mer Commercial Court was competent. It held that the arbitrator must have priority to decide its own jurisdiction unless the arbitration clause is manifestly null or inapplicable, and remanded the case to the Amiens Court of Appeal.

    Supporting details

    6 authorities · 3 participants
    Euronor SAS
    Scana Volda A/S
    Representative
    Foussard (For: Scana Volda A/S)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    6
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute
    • Brussels Convention of 27 September 1986
      statute
    • Lugano Convention of 16 September 1988
      statute
    • French Court of Cassation, Commercial Chamber judgment dated 25 November 2008 (n° 07-21888)
      case-law
    • French Court of Cassation, First Civil Chamber judgment dated 27 March 2007 (n° 04-20842, Bulletin 2007, I, n° 129)
      case-law

    4 years, 4 months and 1 day later · 1582 days

  2. 24 June 2015France

    24 June 2015France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 24 June 2015

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation quashed the Amiens Court of Appeal judgment in all its provisions because the court had not answered Scana Volda's argument that the dispute was related to the 6 December 2001 propulsion-system supply agreement containing the arbitration clause. It remanded the case to the Paris Court of Appeal and ordered Euronor to pay the costs and EUR 3,000 to Scana Volda under Article 700 of the French Code of Civil Procedure.

    Supporting details

    4 authorities · 3 participants
    Euronor SAS
    Scana Volda A/S
    Representative
    Foussard (For: Scana Volda A/S)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    4
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute
    • Brussels Convention of 27 September 1986
      statute
    • Lugano Convention of 16 September 1988
      statute

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Euronor v Scana Volda (Bressay Bank propulsion-system arbitration dispute) · Matter