Arbitral Digest

Matter

S.A.S. HSO 31 and S.A.S. HBC 31 v S.A.R.L. RN PATRI.ONE (Paris Court of Appeal RG 20/08604)

  1. 13 May 2019Arbitration

    13 May 2019Arbitration

    Partial arbitral award dated 13 May 2019

    Decision summary
    The tribunal declared itself competent to hear the claims for resolution of the 13 November 2012 and 6 December 2013 share-transfer instruments and related subsidiary and counterclaims, found no grounds to resolve those instruments, and reserved costs for later determination.

    Supporting details

    6 participants
    S.A.S. HSO 31
    S.A.S. HBC 31
    S.A.R.L. RN PATRI.ONE
    Institution
    Arbitrator
    [K] [W]
    Arbitrator
    [P] [I]
    Arbitrator
    [D] [L]

    1 year and 13 days later · 379 days

  2. 26 May 2020Arbitration

    26 May 2020Arbitration

    Final arbitral award dated 26 May 2020

    Decision summary
    The tribunal found the accelerated payment clause regularly implemented, applied a EUR 2 million penalty clause, rejected HSO 31 and HBC 31's claims concerning the option exercise and price supplement, awarded RN PATRI.ONE EUR 500,000 for abusive proceedings, awarded one symbolic euro for Mr [Y]'s moral prejudice, allocated arbitration costs 40% to the claimants and 60% to the respondents, and ordered provisional enforcement.

    Supporting details

    8 participants
    S.A.S. HSO 31
    S.A.S. HBC 31
    S.A.R.L. RN PATRI.ONE
    Institution
    Arbitrator
    [K] [W]
    Arbitrator
    [P] [I]
    Arbitrator
    [D] [L]
    Institutional administrator
    SELARL GM
    Institutional administrator
    [X] [H]

    2 months and 1 day later · 62 days

  3. 27 July 2020Arbitration

    27 July 2020Arbitration

    Corrective arbitral award dated 27 July 2020

    Decision summary
    The tribunal rejected the request for a stay and corrected the final award's allocation of the EUR 2 million penalty clause to 67.49% for HSO 31 and 32.51% for HBC 31, and its EUR 500,000 abusive-proceedings award to EUR 250,000 for each of HSO 31 and HBC 31.

    Supporting details

    6 participants
    S.A.S. HSO 31
    S.A.S. HBC 31
    S.A.R.L. RN PATRI.ONE
    Institution
    Arbitrator
    [K] [W]
    Arbitrator
    [P] [I]
    Arbitrator
    [D] [L]

    2 years, 6 months and 11 days later · 925 days

  4. 7 February 2023France

    7 February 2023France

    Judgment of the Paris Court of Appeal in case RG 20/08604 dated 7 February 2023

    Paris Court of Appeal

    Case no.
    RG 20/08604, joined with RG 20/08607
    Decision summary
    The Paris Court of Appeal held that the arbitration was international. It annulled the partial award insofar as the tribunal had accepted jurisdiction over RN PATRI.ONE's subsidiary claims and consequently annulled points 1, 2, 3 and 5 of the final award. It also annulled the final award's symbolic-euro award for Mr [Y]'s moral prejudice, rejected the remaining challenge, and ordered RN PATRI.ONE to pay EUR 50,000 under article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    3 authorities · 15 participants
    S.A.S. HSO 31
    Representative
    Jean-Paul COMBENEGRE (For: S.A.S. HSO 31 · S.A.S. HBC 31)
    Representative
    RUFF (For: S.A.S. HSO 31 · S.A.S. HBC 31)
    S.A.S. HBC 31
    Representative
    Jean-Paul COMBENEGRE (For: S.A.S. HSO 31 · S.A.S. HBC 31)
    Representative
    RUFF (For: S.A.S. HSO 31 · S.A.S. HBC 31)
    SELARL GM
    Representative
    Laurent MARIETTANT (For: SELARL GM)
    Representative
    Michel GUIZARD (For: SELARL GM)
    S.A.R.L. RN PATRI.ONE
    Representative
    Bernard GRELON (For: S.A.R.L. RN PATRI.ONE)
    Paris Court of Appeal
    Other
    Institutional administrator
    SELARL GM
    Court Reporter
    Mélanie PATE
    Court Reporter
    Najma EL FARISSI

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute
    • French Civil Code
      statute

Matter record

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S.A.S. HSO 31 and S.A.S. HBC 31 v S.A.R.L. RN PATRI.ONE (Paris Court of Appeal RG 20/08604) · Matter