Autonomous Validity Of The Compromissory Clause
LexInter | August 16, 2003 | 0 Comments

Autonomous Validity Of The Compromissory Clause

FRENCH REPUBLIC
IN THE NAME OF THE FRENCH PEOPLE

IN THE NAME OF THE FRENCH PEOPLE

THE COURT OF CASSATION, SECOND CIVIL CHAMBER, delivered the following judgment:

On the sole means:

Considering article 1442 of the new Code of Civil Procedure;

Whereas the arbitration clause presents, in relation to the main agreement in which it is inserted, a legal autonomy which excludes, unless otherwise stipulated, that it may be affected by the ineffectiveness of this act;

Expected, according to the judgment under appeal, that the company Parisot and the company CM Paimboeuf constituted a grouping of joint ventures for the construction of a cinema complex;¬†that, by a contract of subcontracting comprising an arbitration clause, the company Parisot entrusted to Mr X … the realization of certain work;

that, not having received payment work he had executed, Mr X … assigned the companies Parisot and CM Paimboeuf before a commercial court which declared itself incompetent for the benefit of the designated arbitrator;

that, on contradiction of Mr X … which invoked the nullity of the subcontracting contract for absence of personal guarantee of the company Parisot, the court of appeal reversed the judgment;

Whereas, to accommodate the contradicted and return the cause to the commercial court, the judgment retains that the arbitration clause becomes null and void in the event of a cancellation of the contract which it is the accessory;

That by ruling thus, while the possible nullity of the subcontracting contract had no impact on the validity of the arbitration clause, the Court of Appeal violated the aforementioned text;

And having regard to article 627 of the new Code of Civil Procedure;

FOR THESE REASONS :

BREACH AND ANNUL, in all its provisions, the judgment rendered on January 18, 2001, between the parties, by the Caen Court of Appeal;

DIT there to be referral;

SAYS that the commercial court was incompetent and refers the parties to better appeal;

Sentences Mr X … to the costs incurred before the judges of the merits and to the costs before the Court of Cassation;

Said that on the diligence of the Attorney General near the Court of Cassation, this judgment will be transmitted to be transcribed on the sidelines or following the broken judgment;

Thus done and judged by the Court of Cassation, Second Civil Chamber, and pronounced by the President in his public hearing on March 20, two thousand and three.

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