You are here : Home » News » Arbitration clause vs. Clause recalling the general rule of (...)

Arbitration clause vs. Clause recalling the general rule of jurisdiction


Published on July 12th, 2016
THE PREVALENCE OF THE ARBITRATION CLAUSE BEING A SPECIAL CLAUSE

CA Paris 25.11.2016 n° 15/17043, ch. 5-9


Jochen Bauerreis
Partner
International & German and French law

Viviane Ebersold
Lawyer

By a judgement dated 25 February 2016, the Paris Court of Appeal has decided that if an arbitration clause and a general clause, according to which any dispute shall be subject to the competent courts, are both in the same contract, the arbitration clause, being a special clause, shall prevail. However, this ruling does not call into question another jurisprudence (CA Paris 1st Chamber, 22 November 2000 Saadi c/Huan), according to which in the presence of both an arbitration clause and a clause conferring jurisdiction to a specific court in the same contract, both clauses will neutralise each other so that the clause recalling the general rule of jurisdiction shall apply.