Arbitral Digest

Matter

Hydro Construction & Eng Co Ltd v Vergnet (French Court of Cassation W 20-22.409, 5 October 2022)

Seat
Switzerland
Applicable rules
ICC Arbitration Rules
  1. 12 September 2018France

    12 September 2018France

    Order of the supervisory judge dated 12 September 2018

    Supervisory Judge

    Decision summary
    The supervisory judge referred Hydro Construction & Eng Co Ltd to the competent jurisdiction within one month after notification of the order under Article R. 624-5 of the French Commercial Code.

    1 year and 20 days later · 385 days

  2. 2 October 2019France

    2 October 2019France

    Order of the supervisory judge dated 2 October 2019

    Supervisory Judge

    Decision summary
    The supervisory judge declared Hydro Construction & Eng Co Ltd time-barred and consequently rejected its claim against Vergnet.

    1 year, 1 month and 3 days later · 400 days

  3. 5 November 2020France

    5 November 2020France

    Judgment of the Orléans Court of Appeal dated 5 November 2020

    Orléans Court of Appeal

    Decision summary
    The Orléans Court of Appeal rejected the request to declare Hydro Construction & Eng Co Ltd time-barred in its claim against Vergnet and referred the parties to the supervisory judge for continuation of the claim-fixing procedure.

    1 year and 11 months later · 699 days

  4. 5 October 2022France

    5 October 2022France

    Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber in the case W 20-22.409 dated 5 October 2022

    French Court of Cassation, Commercial, Financial and Economic Chamber

    Case no.
    W 20-22.409
    Citation
    Arrêt n° 573 FS-B
    Decision summary
    The Court of Cassation rejected Vergnet and Villa Florek's appeal concerning whether Hydro Construction & Eng Co Ltd was time-barred from pursuing admission of its termination-compensation claim in Vergnet's judicial reorganisation. It held that Hydro had timely referred the dispute to the ICC Court of Arbitration and was not foreclosed, ordered the appellants to pay costs, and ordered Vergnet to pay Hydro €3,000 under Article 700 of the Code of Civil Procedure.

    Supporting details

    4 authorities · 20 participants
    Vergnet
    Representative
    SCP Richard (For: Vergnet · Villa Florek)
    Representative
    [H] [C] (For: Vergnet)
    Villa Florek
    Representative
    SCP Richard (For: Vergnet · Villa Florek)
    Hydro Construction & Eng Co Ltd
    Representative
    SCP Célice, Texidor, Périer (For: Hydro Construction & Eng Co Ltd)
    French Court of Cassation, Commercial, Financial and Economic Chamber
    Judge
    Rémery
    Judge
    Riffaud
    Judge
    Guillou
    Judge
    Barbot
    Advocate General
    Henry
    Other
    Institutional administrator
    Mamou

    Authorities cited

    4
    • French Commercial Code
      statute
    • French Code of Civil Procedure
      statute
    • French Judicial Organisation Code
      statute
    • ICC Arbitration Rules
      rules

Matter record

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Hydro Construction & Eng Co Ltd v Vergnet (French Court of Cassation W 20-22.409, 5 October 2022) · Matter