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.