Arbitral Digest

Matter

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

Applicable rules
AFCC Arbitration Chamber Rules
  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.

    Supporting details

    3 participants
    Intercafco
    Dafci
    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.

    Supporting details

    2 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.

    Supporting details

    2 authorities · 2 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

Matter record

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