Extended application of the arbitration clause

Published on 15th July 2017

ARBITRATION CLAUSES CAN BE APPLIED TO CLAIMS ON TORT LAW

Cass. Civ. 1e 6.07.2016 n°15-19.521 F-PB

Jochen Bauerreis
Avocat & Rechtsanwalt
Partner

Caroline Laurent
Avocate

Department of International & German / French law

By a judgment dated 16th July 2016, the French Supreme Court (Cour de Cassation) ruled that the application of an arbitration clause that is drafted in general terms and confers jurisdiction to the Sport Arbitral Tribunal in case of a dispute between the contracting parties, is not obviously excluded for claims based on tort law.
This decision confirms previous case law and makes the legal rules applying to arbitration clauses more homogeneous to jurisdiction clauses.