France / 08 December 1988 / France, Cour d'appel de Paris / Société Sysmode and Société Sysmode France v. Société Metra HOS, Société SEMA and Société Higher Order Software Inc. / 86-11681
Country | France |
Court | France, Cour d'appel de Paris (Court of Appeal of Paris) |
Date | 08 December 1988 |
Parties | Société Sysmode and Société Sysmode France v. Société Metra HOS, Société SEMA and Société Higher Order Software Inc. |
Case number | 86-11681 |
Applicable NYC Provisions | II | II(3) |
Source |
Original decision obtained from the registry of the Cour d’appel de Paris |
Summary | On 8 January 1982, two French companies (HOS and SYSMODE) entered into an exclusive distribution agreement. The contract contained an arbitration clause. A dispute arose and METRA-HOS sued SYSMODE before the Tribunal de Commerce de Paris (Commercial Court of Paris) which declined jurisdiction and referred the parties to arbitration. The Cour d'appel de Paris (Paris Court of Appeal) affirmed the decision of the Tribunal de Commerce de Paris regarding jurisdiction. It held that, pursuant to Article II NYC and Article 1458 of the Code of Civil Procedure, in the presence of an arbitration agreement domestic courts shall decline jurisdiction and refer the parties to arbitration. It added that the fact that other parties were involved in the proceedings and that the disputes were indivisible did not prevent the enforcement of the arbitration agreement. |
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Attachment (1)
Original Language Adobe Acrobat PDF |