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Case:
Cour de Cassation, Deuxième Chambre Civile: Case Quille le Trident / CEE Euro Isolation Judgement No. 1895. Dismissal. Application for Review No. 00-10.806
Date:
20 December 2001
Translated by:
J T Brown
Copyright:
Professor B. S. Markesinis

THE COURT

Regarding the only ground

Having considered Article 1692 of the Civil Code;

Given that, according to the judgement under attack, (i) Quille Le Trident, a corporation, (“Quille”) subcontracted the execution of certain work to Sigma Bâtiment, a corporation, (“Sigma”) and the latter ordered the necessary materials from CEE Euro Isolation, a corporation, (“CEE”) and assigned to it a claim on Quille equal to the value of the work entrusted to it; (ii) in spite of service of notice of the assignment, Quille paid certain amounts to Sigma, since in administration; (iii) CEE, assignee of the claim against Sigma, brought action against Quille, who claimed that the commercial court had no jurisdiction because of the arbitration clause contained in the subcontract; and (iv) Quille appeals against the judgement of the commercial court which declared itself competent;

Given that, in rejecting the appeal, the judgement holds that, where only a claim has been assigned, the arbitration clause inserted in the contract, to which the assignee was not a party, could not have been transferred by reason of the principle of autonomy attached thereto;

Given that, in arriving at this decision, whereas the arbitration clause had been transferred with the claim, the Court of Appeal breached the text quoted above;

FOR THESE REASONS:

ANNULS……..

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