Arbitral Digest

Matter

Franck X... and Olivier Y... v Robert Z... and Adamas International (French Court of Cassation, First Civil Chamber, 16 April 2015)

Franck X and Olivier Y v Robert Z and Adamas concerns an award for representative-replacement losses and French review of personal liability and damages.

  • Setting aside arbitral awards

Procedural record

  1. 25 September 2013France

    25 September 2013France

    Judgment of the Paris Court of Appeal dated 25 September 2013

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal confirmed the arbitral award, held Adamas International and Robert Z... liable for losses caused by the failure to complete the replacement of representatives, and awarded €250,000 to Franck X..., €80,000 to Alina E..., and €175,000 to SCP UGGC.

    1 year, 6 months and 22 days later · 568 days

  2. 16 April 2015France

    16 April 2015France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 16 April 2015

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation partially quashed the Paris Court of Appeal judgment insofar as it imposed personal civil liability on Robert Z... toward Alina E... and ordered him jointly with Adamas International to pay her €80,000, because the appellate court had not identified a personal fault. It remitted that issue to the Versailles Court of Appeal, discharged SCP UGGC from the proceedings, and rejected the other grounds and the Article 700 applications.

    Participants

    Robert Z...
    Representative
    SCP Vincent et Ohl (For: Robert Z...)
    Adamas International
    SCP UGGC
    Franck X...
    Olivier Y...
    Alina E...
    French Court of Cassation, First Civil Chamber
    Other
    Institutional administrator
    French Court of Cassation, First Civil Chamber

    Authorities cited

    6
    • French Civil Code, Article 1134
      statute
    • French Civil Code, Article 1147
      statute
    • French Civil Code, Article 1165
      statute
    • French Code of Civil Procedure, Article 455
      statute
    • French Code of Civil Procedure, Article 624
      statute
    • French Code of Civil Procedure, Article 700
      statute
  3. Date not availableArbitration

    Date not availableArbitration

    Arbitral Award

    Decision summary
    The arbitral award found that Adamas International failed to perform its obligations concerning the replacement of its representatives and awarded damages of €250,000 to Franck X..., €80,000 to Alina E..., and €175,000 to SCP UGGC.

    Participants

    Franck X...
    Olivier Y...
    SCP UGGC
    Robert Z...
    Adamas International
    Alina E...
    Institution
    Arbitrator
    Bâtonnier du barreau de Paris

Matter record

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Franck X... and Olivier Y... v Robert Z... and Adamas International (French Court of Cassation, First Civil Chamber, 16 April 2015) · Matter