Arbitral Digest

Matter

Hydro Construction & Eng. Co. Ltd v Vergnet (VSA) (French Court of Cassation, First Civil Chamber, appeal no. V 23-11.012, 15 May 2024)

Hydro Construction and Vergnet’s Geneva arbitration, with French court proceedings on recognition of the award claim in Vergnet’s insolvency proceedings.

  • International commercial arbitration
  • Recognition and enforcement of arbitral awards
  • Cross-border insolvency

Procedural record

  1. 27 July 2020Arbitration

    27 July 2020Arbitration

    Arbitral Award rendered in Geneva

    Decision summary
    The arbitral award ordered Vergnet to pay various sums to Hydro Construction.

    Participants

    Hydro Construction & Eng. Co. Ltd
    Vergnet (VSA)

    5 months and 19 days later · 172 days

  2. 15 January 2021France

    15 January 2021France

    Order of the President of the Paris Judicial Court dated 15 January 2021

    Paris Judicial Court

    Decision summary
    The President of the Paris Judicial Court granted exequatur to the arbitral award only insofar as it established the claim arising from the award.

    Participants

    Hydro Construction & Eng. Co. Ltd
    Vergnet (VSA)
    Paris Judicial Court

    1 year, 5 months and 13 days later · 529 days

  3. 28 June 2022France

    28 June 2022France

    Judgment of the Paris Court of Appeal, International Commercial Chamber dated 28 June 2022

    Paris Court of Appeal, International Commercial Chamber

    Decision summary
    The Paris Court of Appeal rejected Hydro Construction's application for exequatur of the arbitral award.

    Participants

    Hydro Construction & Eng. Co. Ltd
    Vergnet (VSA)
    Paris Court of Appeal, International Commercial Chamber

    1 year, 10 months and 17 days later · 687 days

  4. 15 May 2024France

    15 May 2024France

    Judgment of the Court of Cassation, First Civil Chamber, in appeal no. V 23-11.012 dated 15 May 2024

    Court of Cassation, First Civil Chamber

    Case no.
    V 23-11.012
    Citation
    Cass., 1re civ., 15 May 2024, no. 221 F-D
    Decision summary
    The Court of Cassation set aside the Paris Court of Appeal's refusal to grant exequatur to the arbitral award and decided the matter without remand. It held that exequatur limited to recognition of the amount of the claim established by the award for purposes of the insolvency proceedings did not violate French international public policy, and confirmed the Paris Judicial Court order to that extent.

    Participants

    Hydro Construction & Eng. Co. Ltd
    Representative
    SCP Célice, Texidor, Périer (For: Hydro Construction & Eng. Co. Ltd)
    Vergnet (VSA)
    Representative
    SAS Buk Lament-Robillot (For: Vergnet (VSA))
    Company [U] [T]
    AJ Associés
    Court of Cassation, First Civil Chamber
    Judge
    Mme Champalaune
    Judge
    M. Hascher
    Judge
    Mme Guihal
    Other
    Institutional administrator
    Mme Vignes
    Institutional administrator
    M. [N] [U]
    Institutional administrator
    M. [K] [W]

    Authorities cited

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

Matter record

Report a correction

Hydro Construction & Eng. Co. Ltd v Vergnet (VSA) (French Court of Cassation, First Civil Chamber, appeal no. V 23-11.012, 15 May 2024) · Matter