IPI Trade International (Ipitrade) v The Authority for Supply Commodities Cairo Estram (Estram)

Procedural record

1. 10 June 1986France

   10 June 1986France

   Judgment of the Paris Court of Appeal dated 10 June 1986

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal confirmed the interim judge's jurisdiction despite the UNCITRAL arbitration clause and ordered Estram to pay Ipitrade a provisional sum of USD 746,116.75, or its franc equivalent, in the dispute concerning allegedly defective frozen poultry shipments.

   Participants

   IPI Trade International (Ipitrade)

   The Authority for Supply Commodities Cairo Estram (Estram)

   Paris Court of Appeal

   2 years, 9 months and 10 days later · 1014 days

2. 20 March 1989France

   20 March 1989France

   Judgment of the French Court of Cassation

   French Court of Cassation

   Decision summary

   The Court of Cassation held that a French référé judge may order a provisional payment when the obligation is not seriously contestable, unless the arbitral tribunal has been seized. It nevertheless quashed the Paris Court of Appeal's judgment because that court had not characterized the urgency required to support French interim measures under the Franco-Egyptian Convention of 15 March 1982, and remitted the case to the Versailles Court of Appeal.

   Participants

   IPI Trade International (Ipitrade)

   The Authority for Supply Commodities Cairo Estram (Estram)

   French Court of Cassation

   Authorities cited

   2

   • French New Code of Civil Procedure
     statute
   • France–Egypt Convention of 15 March 1982
     treaty