Arbitral Digest

Matter

In Zone Brands International INC v In Beverage International and Lionel X... (French Court of Cassation, D 08 16.549 and G 08 16.369)

  1. 3 March 2006United States

    3 March 2006United States

    Judgment of the Superior Court of Cobb County, Georgia dated 3 March 2006

    Superior Court of Cobb County, Georgia

    Decision summary
    The Superior Court of Cobb County issued a permanent final anti-suit injunction prohibiting Lionel X... and In Beverage International from continuing their French proceedings concerning the parties' prior commercial relations. It also ruled by default on In Zone Brands' entitlement to damages, reserving the amount for the 29 March 2006 hearing.

    Supporting details

    3 participants
    In Zone Brands International INC
    In Beverage International
    Lionel X...
    Superior Court of Cobb County, Georgia

    26 days later · 26 days

  2. 29 March 2006United States

    29 March 2006United States

    Judgment of the Superior Court of Cobb County, Georgia dated 29 March 2006

    Superior Court of Cobb County, Georgia

    Decision summary
    The Superior Court of Cobb County ruled by default in favor of In Zone Brands and ordered Lionel X... and In Beverage International jointly and severally to pay USD 51,314.66.

    Supporting details

    3 participants
    In Zone Brands International INC
    In Beverage International
    Lionel X...
    Superior Court of Cobb County, Georgia

    2 years and 19 days later · 750 days

  3. 17 April 2008France

    17 April 2008France

    Judgment of the Versailles Court of Appeal dated 17 April 2008

    Versailles Court of Appeal

    Decision summary
    The Versailles Court of Appeal declared enforceable in France the 3 March 2006 judgment of the Superior Court of Cobb County, Georgia, including the anti-suit injunction concerning the proceedings before the Commercial Court of Nanterre.

    Supporting details

    3 participants
    In Zone Brands International INC
    In Beverage International
    Lionel X...
    Versailles Court of Appeal

    1 year, 5 months and 27 days later · 545 days

  4. 14 October 2009France

    14 October 2009France

    Judgment of the French Court of Cassation, First Civil Chamber in the joined cases D 08 16.549 and G 08 16.369 dated 14 October 2009

    French Court of Cassation, First Civil Chamber

    Case no.
    D 08 16.549 and G 08 16.369
    Citation
    Cass. 1re civ., 14 October 2009, nos. D 08-16.549 and G 08-16.369
    Decision summary
    The Court of Cassation dismissed the joined appeals and upheld the exequatur in France of the Georgia anti-suit injunction. It held that, outside the scope of an international convention or EU law, an anti-suit injunction enforcing a freely accepted exclusive jurisdiction clause was not contrary to French international public policy. Lionel X... and In Beverage International were ordered to pay costs and EUR 2,500 to In Zone Brands Inc.

    Supporting details

    2 authorities · 4 participants
    In Zone Brands International INC
    In Beverage International
    Representative
    SCP Vier, Barthélemy et Matuchansky (For: Lionel X... · In Beverage International)
    Lionel X...
    Representative
    SCP Vier, Barthélemy et Matuchansky (For: Lionel X... · In Beverage International)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • Convention for the Protection of Human Rights and Fundamental Freedoms
      treaty

Matter record

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In Zone Brands International INC v In Beverage International and Lionel X... (French Court of Cassation, D 08 16.549 and G 08 16.369) · Matter