Matter
Feldsaaten Freudenberger GmbH & Co v Banque Delubac & Cie (Paris Court of Appeal RG 23/10896)
- 25 September 2015France
25 September 2015France
Judgment of the Paris Commercial Court dated 25 September 2015
Paris Commercial Court
- Decision summary
- The court rejected the arbitration clause and held that it had jurisdiction over the dispute.
1 year, 5 months and 10 days later · 529 days
- 7 March 2017France
7 March 2017France
Decision of the Paris Court of Appeal dated 7 March 2017
Paris Court of Appeal
- Decision summary
- On a jurisdictional challenge, the court set aside the 25 September 2015 judgment and referred the parties to pursue their claims before the appropriate forum.
2 years, 7 months and 10 days later · 954 days
- 17 October 2019Arbitration
17 October 2019Arbitration
CAIP jurisdictional sentence of 17 October 2019
- Decision summary
- The Paris International Arbitration Chamber divided the claims between production contracts and simple contracts, retained competence for disputes under clauses referring to the Chamber and International Seed Federation Rules, and held the Union Francaise des Semences arbitration chamber competent for disputes referring to the International Seed Federation Rules without further specification.
Supporting details
3 participantsBanque Delubac & Cie
Feldsaaten Freudenberger GmbH & Co
Institution
- Institutional administrator
- Paris International Arbitration Chamber
11 months and 28 days later · 364 days
- 15 October 2020Arbitration
15 October 2020Arbitration
CAIP award of 15 October 2020
- Decision summary
- The Paris International Arbitration Chamber rejected Banque Delubac's claim concerning the invoices for which it had accepted jurisdiction.
Supporting details
3 participantsBanque Delubac & Cie
Feldsaaten Freudenberger GmbH & Co
Institution
- Institutional administrator
- Paris International Arbitration Chamber
22 days later · 22 days
- 6 November 2020Arbitration
6 November 2020Arbitration
UFS jurisdictional sentence of 6 November 2020
- Decision summary
- The arbitration chamber of the Union Francaise des Semences declared itself incompetent because the International Seed Federation Rules did not apply to the disputed bird-seed invoices and the reference to those rules was inappropriate.
Supporting details
3 participantsBanque Delubac & Cie
Feldsaaten Freudenberger GmbH & Co
Institution
- Institutional administrator
- Union Francaise des Semences arbitration chamber
2 years, 5 months and 7 days later · 888 days
- 13 April 2023France
13 April 2023France
Judgment of the Paris Commercial Court in the case RG 2021032276 dated 13 April 2023
Paris Commercial Court
- Decision summary
- The court held that the jurisdictional objection was admissible but unfounded, retained jurisdiction over Banque Delubac's claim against Freudenberger, and ordered Freudenberger to pay EUR 5,000 under article 700 of the French Code of Civil Procedure and the incident costs.
11 months and 20 days later · 355 days
- 2 April 2024France
2 April 2024France
Decision of the Paris Court of Appeal, International Commercial Chamber, in the case RG 23/10896 dated 2 April 2024
Paris Court of Appeal, International Commercial Chamber
- Decision summary
- The court held that Freudenberger was barred by the res judicata effect of the UFS sentence from raising an objection to the jurisdiction of the German Seed Association arbitration chamber in Bonn. It upheld the Paris Commercial Court's international jurisdiction over Banque Delubac's damages claim, dismissed the request for damages for abusive appellate proceedings, and ordered Freudenberger to pay costs and EUR 10,000 under article 700 of the French Code of Civil Procedure.
Supporting details
8 authorities · 9 participantsFeldsaaten Freudenberger GmbH & Co
- Representative
- Sylvie Kong Thong (For: Feldsaaten Freudenberger GmbH & Co)
Banque Delubac & Cie
- Representative
- Luca De Maria (For: Banque Delubac & Cie)
- Representative
- Nathalie Makowski (For: Banque Delubac & Cie)
Paris Court of Appeal, International Commercial Chamber
- Judge
- Daniel Barlow
- Judge
- Fabienne Schaller
- Judge
- Laure Aldebert
Other
- Court Reporter
- Najma El Farissi