France / 09 June 2011 / France, Cour d'appel de Paris / Société Facciano Giuseppe v. Société Coopérative Agricole Nouricia / 10/11062
| Country | France |
| Court | France, Cour d'appel de Paris (Court of Appeal of Paris) |
| Date | 09 June 2011 |
| Parties | Société Facciano Giuseppe v. Société Coopérative Agricole Nouricia |
| Case number | 10/11062 |
| Applicable NYC Provisions | II | I |
| Source |
Original decision obtained from the registry of the Cour d’appel de Paris |
| Languages | English |
| Summary | An Italian company (Facciano Giuseppe) and a French company (Coopérative Agricole Nouricia) entered into five contracts for the sale of wheat. The contracts were concluded under the Incograin form via a merchandise broker, which contained an arbitration clause. A dispute arose and Nouricia filed a Request for arbitration before the Chambre arbitrale de Paris (Arbitral Chamber of Paris). In a final award dated 29 July 2009, the arbitral tribunal ruled in favor of Nouricia. Facciano Giuseppe initiated proceedings to set aside the award before the Cour d'appel de Paris (Paris Court of Appeal). It argued that the award should be annulled pursuant to Article 1502 1° of the Code of Civil Procedure (i.e. now Article 1520 1°, pursuant to French Decree of 13 January 2011), claiming that the arbitral tribunal ruled in the absence of an arbitration agreement. In this respect, its claim was based on Article 1443 of the Code of Civil Procedure and Articles I and II NYC which provide that, in order to be valid, an arbitration agreement shall be in writing. The Cour d'appel de Paris held that the NYC did not apply to the case at hand since the award was rendered in Paris. Given that all the written confirmations of the contracts referred to the General Conditions of the Incograin form and to the arbitration agreement contained therein, it ruled that the arbitration agreement was valid and rejected the action to set aside the award. |
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Attachment (1)
 Original Language Adobe Acrobat PDF |
