Intercafco v Dafci (French Court of Cassation, 31 January 2006)

Procedural record

1. 14 June 2001Arbitration

   14 June 2001Arbitration

   Second-degree arbitral sentence dated 14 June 2001

   Arbitration Chamber of the Federation of Cocoa Commerce

   Decision summary

   The second-degree arbitral tribunal upheld jurisdiction and ordered Intercafco to make payment to Dafci.

   Participants

   Intercafco

   Dafci

   Arbitration Chamber of the Federation of Cocoa Commerce

   Institutional administrator

   Arbitration Chamber of the Federation of Cocoa Commerce

   1 year, 11 months and 8 days later · 707 days

2. 22 May 2003France

   22 May 2003France

   Judgment of the Paris Court of Appeal dated 22 May 2003

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal dismissed Intercafco's application to annul the second-degree arbitral sentence, including its objections to the arbitration agreement and the tribunal's treatment of the partnership issue.

   Participants

   Intercafco

   Dafci

   Paris Court of Appeal

   2 years, 8 months and 9 days later · 985 days

3. 31 January 2006France

   31 January 2006France

   Judgment of the French Court of Cassation, First Civil Chamber, dated 31 January 2006

   French Court of Cassation, First Civil Chamber

   Decision summary

   The Court of Cassation rejected Intercafco's appeal and upheld the refusal to annul the arbitral sentence. It held that the objection to the arbitration agreement was inadmissible because it had not been raised before the arbitral tribunal when possible, and that the remaining criticisms concerned the merits or the sentence's reasoning rather than an available ground for annulment. Intercafco was ordered to pay the costs and €2,000 to Dafci under Article 700 of the French New Code of Civil Procedure.

   Participants

   Intercafco

   Dafci

   French Court of Cassation, First Civil Chamber

   Authorities cited

   2

   • French New Code of Civil Procedure, Articles 1502, 1504, 455, 16 and 700
     statute
   • AFCC Arbitration Chamber Rules (Article 12 of the AFCC Arbitration Chamber Rules)
     arbitration rules
4. Date not availableArbitration

   Date not availableArbitration

   First-degree arbitral project sentence

   Arbitration Chamber of the Federation of Cocoa Commerce

   Participants

   Intercafco

   Dafci

   Arbitration Chamber of the Federation of Cocoa Commerce

   Institutional administrator

   Arbitration Chamber of the Federation of Cocoa Commerce