Arbitral Digest

Matter

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

Applicable rules: UNCITRAL Arbitration Rules

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.
Supporting details
2 participants
IPI Trade International (Ipitrade)
The Authority for Supply Commodities Cairo Estram (Estram)
Paris Court of Appeal
Mentioned in judgment
Date not availableFrance
Date not availableFrance
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.
Supporting details
2 authorities · 2 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
Direct judgment