Arbitral Digest

Matter

Inforad Connect Limited v Inforad Limited (French Court of Cassation S 21-10.242)

Arbitration involving Inforad Connect Limited v Inforad Limited; a linked record states that the Versailles Court of Appeal declared the French courts incompetent to hear Inforad Connect Limited's claims arising from the termination of the Inforad trademark licence and directed it to proceed before the competent Irish courts.

  • International commercial arbitration
  • Jurisdiction and arbitration agreements
  • Choice of law

Procedural record

  1. 5 December 2019France

    5 December 2019France

    Case-management order of the Nanterre Court of First Instance

    Nanterre Court of First Instance

    Decision summary
    The case-management judge of the Nanterre Court of First Instance declared the French courts incompetent to hear Inforad Connect Limited's claims against Inforad Limited, MSKA Solutions Limited, and the individual defendants, and directed Inforad Connect Limited to proceed before the competent Irish courts.

    Participants

    Inforad Connect Limited
    Inforad Limited
    MSKA Solutions Limited
    [Z] [S], [K] [B] and [U] [O]
    Nanterre Court of First Instance

    11 months and 14 days later · 350 days

  2. 19 November 2020France

    19 November 2020France

    Judgment of the Versailles Court of Appeal, Fourteenth Chamber, dated 19 November 2020

    Versailles Court of Appeal, Fourteenth Chamber

    Decision summary
    The Versailles Court of Appeal declared the French courts incompetent to hear Inforad Connect Limited's claims arising from the termination of the Inforad trademark licence and directed it to proceed before the competent Irish courts. The Court of Cassation subsequently quashed this judgment.

    Participants

    Inforad Connect Limited
    Inforad Limited
    MSKA Solutions Limited
    [Z] [S]
    [K] [B]
    [U] [O]
    Versailles Court of Appeal, Fourteenth Chamber

    1 year, 11 months and 21 days later · 720 days

  3. 9 November 2022France

    9 November 2022France

    Judgment of the Court of Cassation, First Civil Chamber, in case S 21-10.242 dated 9 November 2022

    Court of Cassation, First Civil Chamber

    Case no.
    S 21-10.242
    Citation
    Judgment no. 751 FS-D
    Decision summary
    The Court of Cassation quashed the Versailles Court of Appeal judgment that had declared the French courts incompetent to hear Inforad Connect Limited's claims concerning the termination of the Inforad trademark licence, domain names, trademark infringement, and unfair competition. It held that the Court of Appeal had failed to assess the contractual place of performance and the place where the harmful event occurred, and remitted the case to the Paris Court of Appeal. Inforad Limited, MSKA Solutions Limited, and Messrs [S], [O], and [B] were ordered to pay costs; Inforad Limited was also ordered to pay Inforad Connect Limited EUR 3,000 under Article 700 of the French Code of Civil Procedure.

    Participants

    Inforad Connect Limited
    Representative
    Me Soltner (For: Inforad Connect Limited)
    [Z] [S]
    Representative
    SCP Piwnica et Molinié (For: [Z] [S] · Inforad Limited)
    Inforad Limited
    Representative
    SCP Piwnica et Molinié (For: [Z] [S] · Inforad Limited)
    [K] [B]
    [U] [O]
    MSKA Solutions Limited
    Court of Cassation, First Civil Chamber
    Judge
    M. Chauvin
    Judge
    M. Hascher
    Judge
    Mme Guihal
    Judge
    MM. Bruyère et Ancel
    Judge
    Mmes Kloda, Dumas, Champ et Robin-Raschel
    Other
    Institutional administrator
    M. Poirret
    Institutional administrator
    Mme Marilly
    Court Reporter
    Mme Vignes

    Authorities cited

    8
    • Regulation (EU) No. 1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Brussels I Recast) (Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012)
      statute
    • Council Regulation (EC) No. 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Council Regulation (EC) No. 44/2001)
      statute
    • Regulation (EC) No. 593/2008 on the Law Applicable to Contractual Obligations (Regulation (EC) No. 593/2008 of 17 June 2008)
      statute
    • French Judicial Organisation Code
      statute
    • French Code of Civil Procedure
      statute
    • Court of Justice of the European Communities, Tessili, 6 October 1976 (Tessili, 6 October 1976)
      case-law
    • Court of Justice of the European Communities, C-533/07 (C-533/07)
      case-law
    • Court of Justice of the European Communities, C-189/87, 27 September 1988 (C-189/87, 27 September 1988)
      case-law

Matter record

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Inforad Connect Limited v Inforad Limited (French Court of Cassation S 21-10.242) · Matter