Arbitral Digest

Matter

Fairchild Dornier v Thales Communication

  1. 2 October 2003France

    2 October 2003France

    Judgment of the Versailles Court of Appeal dated 2 October 2003

    Versailles Court of Appeal

    Decision summary
    The Versailles Court of Appeal confirmed the Nanterre Commercial Court's jurisdiction in Fairchild Dornier's repayment dispute with Thales. It declined to admit the original purchase order first produced at the appeal hearing, treating that production as too late for the adversarial process, and did not compel production of the original.

    Supporting details

    2 participants
    Fairchild Dornier
    Thales Communication
    Versailles Court of Appeal

    2 years, 3 months and 9 days later · 832 days

  2. 11 January 2006France

    11 January 2006France

    Judgment of the French Court of Cassation, Second Civil Chamber, dated 11 January 2006

    French Court of Cassation, Second Civil Chamber

    Decision summary
    The French Court of Cassation dismissed Thales Communication's appeal and upheld the Versailles Court of Appeal's treatment of the late-produced original purchase order in the jurisdictional challenge. It held that compelling production of evidence was discretionary, that first producing an original on appeal was a new communication, and that excluding the late production was legally justified. Thales Communication was ordered to pay the costs and 2,000 euros under Article 700 of the New Code of Civil Procedure.

    Supporting details

    2 authorities · 2 participants
    Thales Communication
    Fairchild Dornier
    French Court of Cassation, Second Civil Chamber

    Authorities cited

    2
    • French Civil Code
      statute
    • French New Code of Civil Procedure
      statute
  3. Date not availableFrance

    Date not availableFrance

    Judgment of the Nanterre Commercial Court

    Nanterre Commercial Court

    Decision summary
    The Nanterre Commercial Court held that it had jurisdiction over Fairchild Dornier's claim against Thales concerning repayment under their contract. It rejected Thales's attempt to rely on an arbitration clause in its sales conditions, finding that Fairchild Dornier had not accepted that clause and that the competing purchase-order terms did not displace the court's jurisdiction.

    Supporting details

    2 participants
    Fairchild Dornier
    Thales Communication
    Nanterre Commercial Court

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Fairchild Dornier v Thales Communication · Matter