French national courts uphold jurisdiction over conservatory or interim measures despite the existence of an arbitration agreement pursuant to Article 1449 of the French code of civil procedure (SCI L’Armorial v SAS MK Denain)
Arbitration analysis: In a ruling of 12 August 2025, the President of the first-degree Judicial Court of Valenciennes (the Court) upheld jurisdiction over an application for urgent interim measures, despite the existence of an arbitration clause in the lease agreement concluded between the parties. Referring to Article 1448 of the French code of civil procedure (FCCP), the Court recalled the negative effect of competence-competence, namely that French courts must generally decline jurisdiction in the presence of an arbitration agreement, unless (i) the arbitral tribunal has not yet been constituted and (ii) the arbitration agreement is manifestly invalid or inapplicable. The Court also recalled that pursuant to Article 1449 of the FCCP, parties may seek conservatory or interim measures from French domestic courts where (i) the arbitral tribunal has not been constituted and (ii) in case of emergency. In the present case, since the arbitration proceedings had not begun and SCI L’Armorial (the Claimant) had demonstrated that the interim measures sought were urgent, the Court upheld jurisdiction, even though the measures were eventually not ordered for reasons related to the merits. Written by Julie Spinelli, partner, Emma Ruby, associate, and Margot Van Dender, trainee, at Le 16 Law.