Legal News

France—res judicata, interim measures and extension of the arbitration clause to non-signatories (Société [A] v SNC Legrand and SARL [G])

Published on: 11 April 2022
Published by: LexisPSL
  • France—res judicata, interim measures and extension of the arbitration clause to non-signatories (Société [A] v SNC Legrand and SARL [G])
  • What are the practical implications of this case?
  • What was the background?
  • The facts of the case
  • The challenge before the Paris Court of appeal
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: In a recent decision, the International Chamber of the Paris Court of Appeal rejected a set-aside application lodged against an ICC arbitral award rendered in a dispute opposing a French and two Tunisian companies, relying on two main arguments. First, the applicant, Société A, contended that SNC Legrand (the French party) renounced its right to invoke the arbitration clause in the contract when it applied for interim measures in Tunisia against Société A before the arbitration. The court rejected the argument, holding that the SNC Legrand’s action in Tunisia was in fact not based on the same contract. Second, the court rejected Société A’s argument that the sole arbitrator wrongfully extended the effects of the arbitration clause to it as a third-party non-signatory, holding that it actively participated in the performance of the contract. Written by Baptiste Rigaudeau, associate at LALIVE (Geneva). or take a trial to read the full analysis.

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