Arbitral Digest

Matter

Giorgio X... v Robert Trent Y... (French Court of Cassation, First Civil Chamber, 6 November 1990)

  1. 22 December 1987France

    22 December 1987France

    Judgment of the Aix-en-Provence Court of Appeal, Fourth Chamber, dated 22 December 1987

    Aix-en-Provence Court of Appeal, Fourth Chamber

    Decision summary
    The Court of Appeal declined jurisdiction over the action concerning promises to sell land at Le Muy, treating the dispute as one concerning performance of contributions in kind under a protocol containing an arbitration clause.

    2 years, 10 months and 15 days later · 1050 days

  2. 6 November 1990France

    6 November 1990France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 6 November 1990

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation quashed the Aix-en-Provence Court of Appeal judgment in all its provisions. It held that the dispute was a real-property action concerning the enforcement of promises to sell land at Le Muy, founded on private instruments, rather than an action to compel a future partner to perform contributions in kind under a protocol containing an arbitration clause, and remanded the case to the Montpellier Court of Appeal.

    Supporting details

    1 authority · 16 participants
    Giorgio X...
    Representative
    SCP Nicolay et de Lanouvelle (For: Giorgio X... · Office of Bankruptcies of Bern)
    Office of Bankruptcies of Bern
    Representative
    SCP Nicolay et de Lanouvelle (For: Giorgio X... · Office of Bankruptcies of Bern)
    Robert Trent Y...
    Representative
    Me Choucroy (For: Robert Trent Y...)
    French Court of Cassation, First Civil Chamber
    Judge
    Massip
    Judge
    Zennaro
    Judge
    Thierry
    Advocate General
    Lupi
    Other
    Institutional administrator
    Ydrac

    Authorities cited

    1
    • French New Code of Civil Procedure, Article 4
      statute

Matter record

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Giorgio X... v Robert Trent Y... (French Court of Cassation, First Civil Chamber, 6 November 1990) · Matter