Matter
Groupe […] v CDR créances and CDR-Consortium de réalisation (French Court of Cassation, First Civil Chamber, Judgment No. 932, 30 June 2016)
- 7 July 2008Arbitration
7 July 2008Arbitration
Arbitral Award dated 7 July 2008
- Decision summary
- The tribunal found that the CDR companies had breached the duties of loyalty and the prohibition on acting as counterparty, and ordered them jointly and severally to pay EUR 240 million plus interest to the judicial liquidators. It fixed moral damages for M. and Mme O... at EUR 45 million and liquidation expenses at EUR 8,448,529.29.
Supporting details
8 participants4 months and 20 days later · 143 days
- 27 November 2008Arbitration
27 November 2008Arbitration
Arbitral Award on Liquidation Costs dated 27 November 2008
- Decision summary
- The tribunal issued a further sentence concerning liquidation costs in the Groupe […] and CDR arbitration.
Supporting details
5 participants - 27 November 2008Arbitration
27 November 2008Arbitration
Interpretive Arbitral Award dated 27 November 2008 (first)
- Decision summary
- The tribunal issued a sentence on a request for interpretation of the principal 7 July 2008 award.
- 27 November 2008Arbitration
27 November 2008Arbitration
Interpretive Arbitral Award dated 27 November 2008 (second)
- Decision summary
- The tribunal issued a second sentence on a request for interpretation of the principal 7 July 2008 award.
6 years, 2 months and 21 days later · 2273 days
- 17 February 2015France
17 February 2015France
Judgment of the Paris Court of Appeal dated 17 February 2015
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal held that the arbitration giving rise to the 2008 sentences was domestic, accepted the CDR companies' revision proceedings, and ordered retraction of the 7 July and 27 November 2008 sentences.
1 year, 4 months and 13 days later · 499 days
- 30 June 2016France
30 June 2016France
Judgment of the French Court of Cassation, First Civil Chamber, No. 932 dated 30 June 2016
French Court of Cassation, First Civil Chamber
- Citation
- Cass. 1e civ., 30 June 2016, No. 932, appeals Nos. M 15-13.755, Y 15-13.904 and K 15-14.145
- Decision summary
- The Court of Cassation joined three appeals and rejected them. It upheld the domestic character of the arbitration and the revision of the 2008 sentences, holding that an arbitrator's concealment of circumstances capable of creating a reasonable doubt about independence and impartiality, undertaken to favor a party, may constitute fraud warranting retraction of an arbitral sentence.
Supporting details
10 authorities · 9 participantsGroupe […]
CDR créances
CDR-Consortium de réalisation
M. et Mme O...
MJA
EMJ
French Court of Cassation, First Civil Chamber
- Judge
- Mme Batut
- Judge
- Mme Bignon
- Advocate General
- M. Bernard de La Gatinais