Arbitral Digest

Matter

Indagro v Ancienne maison Marcel X... (French Court of Cassation, First Civil Chamber, nos. U 16-25.657 and A 16-26.445)

  1. 6 May 2015Arbitration

    6 May 2015Arbitration

    Arbitral award dated 6 May 2015

    Decision summary
    The award ordered Ancienne maison Marcel X... to pay various sums to Indagro arising from the parties' urea sale contract and the resulting demurrage claim.

    Supporting details

    2 participants
    Indagro
    Ancienne maison Marcel X...

    7 months and 29 days later · 243 days

  2. 4 January 2016Arbitration

    4 January 2016Arbitration

    Arbitral award on costs dated 4 January 2016

    Decision summary
    The award determined the costs of the arbitration between Indagro and Ancienne maison Marcel X....

    Supporting details

    2 participants
    Indagro
    Ancienne maison Marcel X...

    8 months and 23 days later · 267 days

  3. 27 September 2016France

    27 September 2016France

    Decision of the Paris Court of Appeal dated 27 September 2016

    Paris Court of Appeal

    Case no.
    U 16-25.657
    Decision summary
    The court rejected Indagro's request for exequatur of the 6 May 2015 arbitral award, holding that recognition would allow Indagro to benefit from a corrupt pact and would violate French international public policy.

    Supporting details

    2 participants
    Indagro
    Ancienne maison Marcel X...
    Paris Court of Appeal

    1 month and 19 days later · 49 days

  4. 15 November 2016France

    15 November 2016France

    Decision of the Paris Court of Appeal dated 15 November 2016

    Paris Court of Appeal

    Case no.
    A 16-26.445
    Decision summary
    The court set aside the exequatur order concerning the 4 January 2016 arbitral award on costs as a consequence of the refusal to recognize the 6 May 2015 award.

    Supporting details

    2 participants
    Indagro
    Ancienne maison Marcel X...
    Paris Court of Appeal

    9 months and 29 days later · 302 days

  5. 13 September 2017France

    13 September 2017France

    Judgment of the French Court of Cassation, First Civil Chamber, decision no. 951 F-D, dated 13 September 2017

    French Court of Cassation, First Civil Chamber

    Case no.
    U 16-25.657 and A 16-26.445
    Citation
    Decision no. 951 F-D; appeals nos. U 16-25.657 and A 16-26.445
    Decision summary
    The Court joined the appeals and rejected both of them. It held that the Paris Court of Appeal could examine international public policy without being constrained by the party's conduct before the arbitrator, and that recognition of the award would allow Indagro to benefit from a corrupt pact underlying the urea sale contract and would manifestly, concretely and effectively violate French international public policy. Indagro was ordered to pay the costs and EUR 3,000 to Ancienne maison Marcel X... under Article 700 of the French Code of Civil Procedure.

    Supporting details

    5 authorities · 9 participants
    Indagro
    Representative
    SCP Foussard et Froger (For: Indagro)
    Ancienne maison Marcel X...
    Representative
    SCP Ortscheidt (For: Ancienne maison Marcel X...)
    French Court of Cassation, First Civil Chamber
    Judge
    M. Z...
    Advocate General
    Mme de La Gatinais

    Authorities cited

    5
    • French Code of Civil Procedure, Article 625
      statute
    • French Code of Civil Procedure, Article 700
      statute
    • French Code of Civil Procedure, Article 1466
      statute
    • French Code of Civil Procedure, Article 1520(5)
      statute
    • French Code of Civil Procedure, Article 1525
      statute

Matter record

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Indagro v Ancienne maison Marcel X... (French Court of Cassation, First Civil Chamber, nos. U 16-25.657 and A 16-26.445) · Matter