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United Kingdom
United Kingdom
Paris Court of Appeal: arbitration agreement citing non-existent Eure-et-Loire Chamber of Commerce rules manifestly inapplicable under Article 1448 French Code of Civil Procedure
Published on: 05 February 2026
Published by a LexisNexis Arbitration expertLegal News
Article summary
Summary of the case
Factual and procedural background
The dispute originated from a contract for the purchase and provision of surface treatment services agreed between a surface treatment company (the ‘Claimant’) and a manufacturer of lifting and handling equipment (the ‘Respondent’). Under this arrangement, the Claimant performed surface treatments on metal profiles. After the Respondent terminated the contract, the Claimant brought proceedings before the Paris Commercial Court, seeking compensation for contractual breaches and for the sudden cessation of the commercial relationship. The Respondent, inter alia, raised a plea to jurisdiction, asserting that the Commercial Court lacked authority due to an arbitration agreement within the contract. On 4 July 2022, the Paris Commercial Court dismissed the Respondent’s jurisdictional objection and rejected the Claimant’s claims on the merits. The Claimant appealed to the Paris Court of Appeal.
The parties’ arguments
A central question on appeal was whether the Commercial Court ought to have declined jurisdiction in view of the arbitration agreement, or whether that agreement was manifestly null or manifestly inapplicable under Article 1448(1) of the FCCP, thereby warranting the French court’s competence over the dispute...
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