France X... v Société marocaine de loisirs (French Court of Cassation, First Civil Chamber, 8 July 2009)

Procedural record

1. 29 January 2007Arbitration

   29 January 2007Arbitration

   Partial Award of the Ad Hoc Arbitral Tribunal dated 29 January 2007

   Participants

   France X...

   Société marocaine de loisirs

   Institution

   Arbitrator

   M. Z...

   Arbitrator

   M. A...

   Arbitrator

   M. Y...

   1 year and 30 days later · 395 days

2. 28 February 2008France

   28 February 2008France

   Judgment of the Paris Court of Appeal dated 28 February 2008

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal rejected Société marocaine de loisirs' action to set aside the partial arbitral award, including its objections concerning the arbitral tribunal's composition, procedural fairness, and international public policy.

   Participants

   Société marocaine de loisirs

   France X...

   Paris Court of Appeal

   1 year, 4 months and 10 days later · 496 days

3. 8 July 2009France

   8 July 2009France

   Judgment of the French Court of Cassation, First Civil Chamber dated 8 July 2009

   French Court of Cassation, First Civil Chamber

   Decision summary

   The Court of Cassation rejected the appeal against the Paris Court of Appeal's refusal to set aside the partial arbitral award on conservatory measures. It held that the alleged defects concerning the mission, replacement arbitrator, procedural fairness, and international public policy did not establish a ground for annulment, and ordered Société marocaine de loisirs to pay costs and EUR 2,500 to France X... under Article 700 of the French Code of Civil Procedure.

   Participants

   Société marocaine de loisirs

   Representative

   SCP Ortscheidt (For: Société marocaine de loisirs)

   France X...

   French Court of Cassation, First Civil Chamber

   Authorities cited

   2

   • French Code of Civil Procedure
     statute
   • European Convention on Human Rights
     treaty