Originally from International Arbitration Court Decisions - 3rd Edition

JUDGMENT BY THE SUPREME COURT

IN FRANCE CASE NO. JCP, 2007 I 168, RENDERED IN FEBRUARY 2007

“UOP v BP”

Subject Matter:
Validity or applicability of an arbitration agreement simultaneously designating two arbitration institutions and/or rules.

Findings:
It is established under French law that arbitral tribunals have priority in deciding on their own jurisdiction unless the arbitration clause is manifestly void or inapplicable and that any difficulties with the constitution of arbitral tribunals must be submitted to the “support judge”.

An arbitration clause simultaneously designating two arbitration institutions and/or rules is not manifestly void or inapplicable, as the court has not found that the parties had no intention to have recourse to arbitration and the “support judge”, which has sole jurisdiction to deal with problems in the appointment of the arbitral tribunals, had not been seized.

Parties:
Claimant: UOP NV
Respondents: BP France SA & others

Place of Court proceedings:
Paris, France

Applicable law:
French law