INTERNATIONAL ARBITRATION
LexInter | April 25, 2017 | 0 Comments

INTERNATIONAL ARBITRATION

Whereas, according to the judgment under appeal (Paris, November 5, 2010), the French company Elf Neftegaz , a subsidiary of the Elf Aquitaine company , entered into a cooperation contract with the Russian company Interneft for the exploration and exploitation of deposits of hydrocarbons, countersigned by the Minister of Fuels and Energy of the Russian Federation and by representatives of the Saratov and Volgograd regions  ; that contained a contract clause arbitration  ; that the company Elf Neftegaz having been dissolved, Mr. A … has, by ordinance of July 28, 2009, been appointed as agentad hoc to represent it in the upcoming arbitration proceedings; that on August 3, 2009 the regions of Saratov and Volgograd implemented the arbitration procedure and designated Mr. Y … as arbitrator; that Mr. A …, ex officio, appointed Mr. X … and MM. X … and Y … have designated Mr.  Z … as third arbitrator; that the ordinance of July 28, 2009 designating Mr. A … as agent ad hoc of the company Elf Neftegaz was retracted on September 18, 2009; that the companies Elf Aquitaine and Total have assigned the arbitrators in summary proceedings so that they are prohibited from continuing their mission;
On the second plea, taken in its first two branches:
Whereas the companies Elf Aquitaine and Total criticize the judgment for having declared their action inadmissible then, according to the means:

1 ° / that the president of the court can always prescribe in summary the protective measures or restoration which are necessary to prevent an imminent damage or to put an end to a clearly unlawful disturbance; that fraud corrupts everything; the companies Elf Aquitaine and Total before the judge stating that arbitration implemented by people, none of which had been party to the contract containing the clause arbitration was fake and had been organized in order to carry out an extortion against them , so that by limiting himself, to declaring inadmissible the action of the companies Elf Aquitaineand Total, to a style phrase recalling the lack of power of the French state judge to intervene in an arbitration proceeding taking place abroad, without explaining the fraud invoked, the court of appeal ignored the scope of its powers and violated article 809 of the code of civil procedure as well as the principle fraus omnia corrumpit  ;
2 / the companies Elf Aquitaine and Total argued that arbitration implemented by people, none of which had been party to the contract containing the clause arbitration was a sham organized in order to achieve extortion to their counter , so that by confining itself to stating that it is not within the powers of the French state judge to intervene in connection with an arbitration proceeding taking place abroad without explaining the fraud invoked, the court of appeal disregarded the requirements of article 455 of the code of civil procedure;
But given that having noted that under Article 27 of the contract any dispute relating thereto will be settled by ad hoc arbitration in accordance with the arbitration rules of the United Nations Commission on International Trade Law ( UNCITRAL ), that the appointing authority will be the Arbitration Institute of the Stockholm Chamber of Commerce , that the place of arbitration will be Stockholm and that the language to be used for the arbitration proceedings will be English , which resulted in the arbitral tribunal was an autonomous international jurisdiction, the Court of Appeal, for this sole reason, decided exactly that it did not come within the powers of the French state judge to intervene in the course of an international arbitration proceeding ; that the plea cannot be accepted;

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image