Arbitral Digest

Matter

JP. Beemsterboer BV v Mrs Alfred X..., born Marie-Anne Y...

  1. 17 October 1989France

    17 October 1989France

    Judgment of the Rennes Court of Appeal, First Chamber A dated 17 October 1989

    Rennes Court of Appeal, First Chamber A

    Decision summary
    The Rennes Court of Appeal refused enforcement of the Belgian arbitral award after finding that the arbitral tribunal may have gathered evidence from witnesses outside the parties' presence, without giving the parties an opportunity to discuss it.

    Supporting details

    2 participants
    JP. Beemsterboer BV
    Mrs Alfred X..., born Marie-Anne Y...
    Rennes Court of Appeal, First Chamber A

    1 year, 7 months and 25 days later · 602 days

  2. 11 June 1991France

    11 June 1991France

    Judgment of the French Court of Cassation, First Civil Chamber dated 11 June 1991

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected JP. Beemsterboer BV's appeal and upheld the refusal to enforce a Belgian arbitral award. It held that the Rennes Court of Appeal did not have to answer an argument that had not been made before it, and that the finding that witnesses had been heard outside the parties' presence was not hypothetical reasoning; the adversarial-process issue therefore supported refusal of enforcement.

    Supporting details

    3 authorities · 9 participants
    JP. Beemsterboer BV
    Representative
    Baraduc-Benabent (For: JP. Beemsterboer BV)
    Mrs Alfred X..., born Marie-Anne Y...
    Representative
    SCP Riché et Thomas-Raquin (For: Mrs Alfred X..., born Marie-Anne Y...)
    French Court of Cassation, First Civil Chamber
    Judge
    Massip
    Advocate General
    Gaunet
    Court clerk
    Ydrac

    Authorities cited

    3
    • New York Convention of 10 June 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958), Article 5)
      treaty
    • French New Code of Civil Procedure, Article 1502(4)
      statute
    • French Code of Judicial Organization, Article L. 131-6
      statute
  3. Date not availableArbitration

    Date not availableArbitration

    Belgian arbitral award

    Supporting details

    2 participants
    JP. Beemsterboer BV
    Mrs Alfred X..., born Marie-Anne Y...

Matter record

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JP. Beemsterboer BV v Mrs Alfred X..., born Marie-Anne Y... · Matter