Jurisdiction(s):
United Kingdom

France: Paris Court of Appeal holds clause naming non-existent Eure-et-Loire Chamber of Commerce rules manifestly inapplicable; state court retains jurisdiction (Article 1448 FCCP)

Published on: 12 March 2026

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Summary of the case

Factual and procedural background

This dispute stems from an agreement for the sale and purchase of surface treatment services concluded between a surface treatment provider (the 'Claimant') and a manufacturer of lifting and handling equipment (the 'Respondent'), under which the Claimant performed surface treatment services for metal profiles. After the Respondent terminated the contract, the Claimant commenced proceedings before the Paris Commercial Court, seeking damages for contractual breaches and the abrupt termination of their commercial relationship. The Respondent, inter alia, challenged jurisdiction, contending the Commercial Court lacked competence because the contract contained an arbitration agreement. On 4 July 2022, the Paris Commercial Court rejected the Respondent’s jurisdictional plea and dismissed the Claimant’s claims on the merits. The Claimant appealed the judgment to the Paris Court of Appeal.

The parties’ arguments

A central issue on appeal was whether the Commercial Court should have declined jurisdiction in light of the existence of the arbitration agreement, or whether the arbitration agreement was 'manifestly null' or 'manifestly inapplicable', pursuant to Article 1448(1) of the FCCP, thereby justifying the French court’s jurisdiction over the dispute. The appellate proceedings focused on the scope and effect of the parties’ arbitration clause...

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