Arbitral Digest

Matter

Joseph X... Family Foundation v Albert X... Corporation and others (French Court of Cassation, First Civil Chamber, 6 October 2010)

  1. 22 June 2006Arbitration

    22 June 2006Arbitration

    Partial arbitral award issued in Paris on 22 June 2006

    Decision summary
    The tribunal held that Bärbel X..., Marlon X... and Albert Martin X... were not bound by the arbitration agreement.

    Supporting details

    7 participants
    Joseph X... Family Foundation (JAFF)
    Bärbel X...
    Albert Martin X...
    Marlon X...
    Institution
    Arbitrator
    Crespi Reghizzi
    Arbitrator
    W. Boesch

    7 months and 23 days later · 237 days

  2. 14 February 2007Arbitration

    14 February 2007Arbitration

    Partial arbitral award of 14 February 2007

    Decision summary
    The tribunal held that the claims seeking annulment of resolutions of Albert X... Corporation were time-barred under Liechtenstein law.

    Supporting details

    2 participants
    Joseph X... Family Foundation (JAFF)
    Albert X... Corporation (AAC)

    1 year, 3 months and 8 days later · 463 days

  3. 22 May 2008Arbitration

    22 May 2008Arbitration

    Second partial arbitral award of 22 May 2008

    Decision summary
    The tribunal held that the X parties were not bound by the arbitration agreement and was therefore incompetent in respect of them.

    Supporting details

    2 participants
    Joseph X... Family Foundation (JAFF)
    The X parties
  4. 22 May 2008France

    22 May 2008France

    Judgment of the Paris Court of Appeal dated 22 May 2008

    Paris Court of Appeal

    Decision summary
    The court annulled the partial award issued in Paris on 22 June 2006 after finding that the X parties were bound by the arbitration agreement through their involvement in Albert X... Corporation's operation and liquidation.

    Supporting details

    6 participants
    Joseph X... Family Foundation (JAFF)
    Albert X... Family Foundation (AAFF)
    Albert X... Corporation (AAC)
    Bärbel X...
    Albert Martin X...
    Marlon X...
    Paris Court of Appeal
  5. 22 May 2008France

    22 May 2008France

    Judgment of the Paris Court of Appeal dated 22 May 2008 concerning the 22 May 2008 partial award

    Paris Court of Appeal

    Decision summary
    The court annulled the second partial award, which had held that the X parties were not bound by the arbitration agreement and that the tribunal lacked jurisdiction over them.

    Supporting details

    6 participants
    Joseph X... Family Foundation (JAFF)
    Albert X... Family Foundation (AAFF)
    Albert X... Corporation (AAC)
    Bärbel X...
    Albert Martin X...
    Marlon X...
    Paris Court of Appeal

    4 months and 3 days later · 126 days

  6. 25 September 2008France

    25 September 2008France

    Judgment of the Paris Court of Appeal dated 25 September 2008

    Paris Court of Appeal

    Decision summary
    The court dismissed JAFF's application to annul the 14 February 2007 partial award, holding that the tribunal's finding of prescription under Liechtenstein law did not establish a manifest, effective and concrete violation of international public policy.

    Supporting details

    1 participant
    Joseph X... Family Foundation (JAFF)
    Paris Court of Appeal

    2 years and 11 days later · 741 days

  7. 6 October 2010France

    6 October 2010France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 6 October 2010 (appeal concerning the 22 June 2006 award)

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court rejected the appeal against the Paris Court of Appeal's annulment of the 22 June 2006 partial award. It held that Bärbel X..., Marlon X... and Albert Martin X... had accepted the arbitration agreement through their involvement in the operation and liquidation of Albert X... Corporation and were bound by it.

    Supporting details

    1 authority · 9 participants
    Joseph X... Family Foundation (JAFF)
    Albert X... Family Foundation (AAFF)
    Representative
    SCP Delaporte, Briard et Trichet (For: Albert X... Family Foundation (AAFF) · Albert X... Corporation (AAC) · Roundhill Trust · Rosehill foundation · Bärbel X... · Albert Martin X... · Marlon X...)
    Albert X... Corporation (AAC)
    Representative
    SCP Delaporte, Briard et Trichet (For: Albert X... Family Foundation (AAFF) · Albert X... Corporation (AAC) · Roundhill Trust · Rosehill foundation · Bärbel X... · Albert Martin X... · Marlon X...)
    Roundhill Trust
    Representative
    SCP Delaporte, Briard et Trichet (For: Albert X... Family Foundation (AAFF) · Albert X... Corporation (AAC) · Roundhill Trust · Rosehill foundation · Bärbel X... · Albert Martin X... · Marlon X...)
    Rosehill foundation
    Representative
    SCP Delaporte, Briard et Trichet (For: Albert X... Family Foundation (AAFF) · Albert X... Corporation (AAC) · Roundhill Trust · Rosehill foundation · Bärbel X... · Albert Martin X... · Marlon X...)
    Bärbel X...
    Representative
    SCP Delaporte, Briard et Trichet (For: Albert X... Family Foundation (AAFF) · Albert X... Corporation (AAC) · Roundhill Trust · Rosehill foundation · Bärbel X... · Albert Martin X... · Marlon X...)
    Albert Martin X...
    Representative
    SCP Delaporte, Briard et Trichet (For: Albert X... Family Foundation (AAFF) · Albert X... Corporation (AAC) · Roundhill Trust · Rosehill foundation · Bärbel X... · Albert Martin X... · Marlon X...)
    Marlon X...
    Representative
    SCP Delaporte, Briard et Trichet (For: Albert X... Family Foundation (AAFF) · Albert X... Corporation (AAC) · Roundhill Trust · Rosehill foundation · Bärbel X... · Albert Martin X... · Marlon X...)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    1
    • French Code of Civil Procedure
      statute
  8. 6 October 2010France

    6 October 2010France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 6 October 2010 (JAFF appeal concerning the 14 February 2007 award)

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court rejected JAFF's appeal from the Paris Court of Appeal's dismissal of its application to annul the 14 February 2007 partial award. It held that the tribunal's application of Liechtenstein limitation rules did not establish a concrete violation of international public policy and that JAFF was seeking an impermissible review of the merits.

    Supporting details

    3 authorities · 2 participants
    Joseph X... Family Foundation (JAFF)
    Representative
    SCP Célice, Blancpain et Soltner (For: Joseph X... Family Foundation (JAFF))
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • European Convention on Human Rights
      treaty
    • French Code of Civil Procedure
      statute
    • Liechtenstein PGR
      statute
  9. Date not availableArbitration

    Date not availableArbitration

    First partial arbitral award

    Decision summary
    The tribunal determined the law applicable to the arbitration and the arbitrability of the dispute.

    Supporting details

    2 participants
    Joseph X... Family Foundation (JAFF)
    The X parties

Matter record

Report a correction

Joseph X... Family Foundation v Albert X... Corporation and others (French Court of Cassation, First Civil Chamber, 6 October 2010) · Matter