Cour de cassation, First Civil Chamber, 6 May 2009, Jean X…v International Company for Commercial Exchanges (INCOME) - French International Arbitration Law Reports: 2009
About the Editors:
Philippe Pinsolle is a partner at Shearman & Sterling LLP in Paris, and specializes in international arbitration. He has been involved, as counsel or arbitrator, in more than a hundred and fifty international arbitrations, both institutional (ICC, ICSID, LCIA, SCC, AFA, Swiss Rules, etc.) and ad hoc, concerning such activities as investment, oil and gas, energy, telecom or defense industry. He is a member of the Paris Bar and of the Bar of England & Wales (Gray's Inn). He is a lecturer on international arbitration at the Universities of Aix-Marseille III, Versailles-St Quentin and Paris 12. Mr. Pinsolle is the former President of the International Arbitration commission of the Union Internationale des Avocats (UIA) and a co-founder of the Young Arbitration Practitioners (YAP). He is the author of numerous articles and case-notes on international arbitration. He holds a J.D. degree from the university of Paris II, a M.Jur. from Oxford University, Hertford College, and an MBA degree from Essec.
Thomas Clay is the Dean of the Versailles Law School and Director of its LLM in International Arbitration in collaboration with the International Chamber of Commerce (ICC), the only French-language program in international arbitration. A member of the French Arbitration Committee and of the International Arbitration Institute and other institutions, Professor Clay is the author of various books and articles on arbitration, including "The Arbitrator", a treatise on the duties and obligations of arbitrators. He writes a regular column Arbitration Law in the weekly legal journal Dalloz. He also participates in numerous conferences throughout the world on international arbitration and has an extensive practice in arbitration in French, Spanish, English and Italian, collaborating with the ICC, other French institutions, the Milan Arbitration Court, and in Africa and South America. He is also member of the Jurisdiction of Professional Soccer League and Arbitrator in the French Sport Arbitration Chamber.
Thomas Voisin is an Associate in Shearman & Sterling's International Arbitration group. He has advised on numerous commercial and investor-State arbitrations. He is a member of the Paris Bar. He graduated from the University Panthéon-Assas (Paris II) and holds an M.Jur. from Oxford University.
Originally from French International Arbitration Law Reports: 2009
The COUR DE CASSATION, FIRST CIVIL CHAMBER, rendered the following decision:
Whereas the company Jean X… and co. and the Egyptian company International Company For Commercial Exchanges (Income) entered into three contracts concerning the sale of crystallised sugar, which contained an arbitration agreement providing for arbitration under the auspices of the Refined Sugar Association in the event of a dispute; that as problems regarding performance of the contracts arose, Income seized the arbitral tribunal on 5 October 2001; that by a decision dated 20 May 2003, Jean X… was declared bankrupt with Mr. Y… appointed as receiver and Selafa MJA, represented by Ms Z…, as the creditors’ representative; that Income declared its debt; that, by court decision dated 1 July 2003, Jean X… was placed under judicial liquidation, and Selafa MJA, represented by Ms Z… was appointed liquidator; that after having sent various letters to Income and Selafa MJA, represented by Ms Z…, the arbitral tribunal, on 9 February 2004, rendered an award ordering Jean X… to pay certain amounts to Income; that the liquidator appealed the enforcement order of 20 February 2006;