Arbitral Digest

Matter

Ferrovial Agroman v Mr [W] [T] (French Court of Cassation, W 21-21.148)

  1. 13 April 2023France

    13 April 2023France

    Rejection judgment of the French Court of Cassation in case W 21-21.148 dated 13 April 2023

    French Court of Cassation, First Civil Chamber

    Case no.
    W 21-21.148
    Citation
    Arrêt no 266 F-B
    Decision summary
    The Court of Cassation dismissed Ferrovial Agroman's appeal against the Paris Court of Appeal judgment granting exequatur to an arbitral award rendered in Tunis in a subcontract dispute. It held that, under article 1520(3) of the French Code of Civil Procedure, a court reviewing an alleged failure to comply with the tribunal's mission may not review the procedure's conformity with the applicable procedural rules. The Court also recorded Mr [T]’s withdrawal of his incidental appeal and ordered Ferrovial Agroman to pay the costs.

    Supporting details

    2 authorities · 8 participants
    Ferrovial Agroman
    Representative
    SCP Ohl et Vexliard (For: Ferrovial Agroman)
    Mr [W] [T]
    Representative
    Me Ridoux (For: Mr [W] [T])
    French Court of Cassation, First Civil Chamber
    Other
    Institutional administrator
    Mme Vignes

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • Tunisian Arbitration Code (Tunisian Law No. 93-42 of 26 April 1993)
      statute
  2. Date not availableArbitration

    Date not availableArbitration

    Arbitral Award rendered in Tunis

    Supporting details

    2 participants
    Ferrovial Agroman
    Mr [W] [T]

Matter record

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Ferrovial Agroman v Mr [W] [T] (French Court of Cassation, W 21-21.148) · Matter