07/12/2016
Written by Jochen Bauerreis
The priority of the arbitration clause as a special clause
Paris Court of Appeal 25 February 2016 no. 15/17043, ch. 5-9
In a ruling handed down on February 25, 2016, the Paris Court of Appeal decided that where the same contract contains both an arbitration clause and a general clause stipulating that disputes will be submitted to the competent courts, the arbitration clause must prevail as a special clause.
However, this ruling does not call into question other case law (CA Paris 1ère ch. 22 novembre 2000 Saadi c/Huan) according to which, in the concomitant presence in the same contract of an arbitration clause and a jurisdiction clause conferring jurisdiction on a particular court, these two clauses are neutralized, so that the ordinary law rule on jurisdiction applies.
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