Arbitral Digest

Matter

Gallay v Fabricated Metals arbitration

Seat
France
  1. 16 April 1996France

    16 April 1996France

    Judgment of the Paris Court of Appeal, First Chamber, Section C dated 16 April 1996

    Paris Court of Appeal, First Chamber, Section C

    Decision summary
    The Paris Court of Appeal rejected Gallay's application to set aside the arbitral award, holding that the adversarial principle had been respected, that the award could be reviewed for compliance with European competition rules without revisiting its merits, and that the arbitrator had jurisdiction over disputes arising from the parties' continued contractual relationship.

    Supporting details

    2 participants
    Gallay
    Fabricated Metals Inc
    Paris Court of Appeal, First Chamber, Section C

    2 years, 8 months and 20 days later · 994 days

  2. 5 January 1999France

    5 January 1999France

    Judgment of the French Court of Cassation, First Civil Chamber dated 5 January 1999

    French Court of Cassation, First Civil Chamber

    Decision summary
    The French Court of Cassation rejected Gallay's appeal against the decision refusing to set aside the arbitral award. It upheld the findings that the adversarial principle was respected, that the award was not contrary to the applicable European competition rules, and that the arbitrator had jurisdiction over disputes arising from the parties' continued contractual relationship. Gallay was ordered to pay the costs, and Fabricated Metals' request under Article 700 of the French New Code of Civil Procedure was rejected.

    Supporting details

    3 authorities · 9 participants
    Gallay
    Representative
    Bertrand (For: Gallay)
    Fabricated Metals Inc
    Representative
    de Nervo (For: Fabricated Metals Inc)
    French Court of Cassation, First Civil Chamber
    Judge
    Ancel
    Advocate General
    Sainte-Rose
    Other
    Institutional administrator
    Aydalot

    Authorities cited

    3
    • French Judicial Organisation Code, Article L. 131-6
      statute
    • Treaty of Rome, Article 85
      treaty
    • French New Code of Civil Procedure, Article 700
      statute
  3. Date not availableFrance

    Date not availableFrance

    Arbitral award seated in Paris

    Decision summary
    The arbitrator ordered Gallay to pay Fabricated Metals royalties for 1982 to 1985, restitution of undue payments, and compensation for commercial loss for the period after 1985.

    Supporting details

    2 participants
    Gallay
    Fabricated Metals Inc

Matter record

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Gallay v Fabricated Metals arbitration · Matter