Court of Cassation, No. 08-17.661

Court of Cassation, First Civil Chamber, 8 July 2009, No. 08-17.661

LA MAROCAINE DE LOISIRS

vs.

FRANCE QUICK (France X…)

On the single ground, taken in its two parts :

Whereas an agreement, including an arbitration clause, was signed on 27 March 2001 between the company France Quick and the Moroccan leisure company (MDL) in order for the latter to develop the France Quick network in Morocco; Whereas it was followed by two franchise contracts; whereas the company France Quick terminated the contracts, the arbitration proceedings were initiated; whereas after the resignation of an arbitrator and his replacement, a partial award for precautionary measures was handed down on 29 January 2007;

Whereas the judgment under appeal (Paris, 28 February 2008) is challenged for having dismissed the action for annulment;

Whereas firstly, the judgment rightly holds that the action for annulment is only admissible in the grounds restrictively listed in Article 1502 of the Code of Civil Procedure, which does not include the nullity of the Terms of Reference and secondly, the judgement holds without distortion, that the claimants do not draw any other conclusions from the fact that the award was made by an arbitral tribunal comprising an arbitrator, Mr. Y…, whose appointment became effective on the day the award was made; that, since the principle of collegiality implies that each arbitrator should have the opportunity to discuss any decision with his colleagues, the recognition or enforcement of the partial award, in the absence of evidence of non-participation by M.. Y… in the deliberation of the said award, is not contrary to international public policy;

Hence it follows that the ground of appeal is unfounded;

FOR THESE REASONS:

REJECTS the appeal;

Orders the Moroccan leisure company to pay the costs;

In light of Article 700 of the Code of Civil Procedure, orders the Moroccan leisure company to pay the company France Quick the sum of EUR 2,500;

Thus ordered and judged by the Court of Cassation, First Civil Chamber, and pronounced by the President in its public hearing of the eighth of July two thousand and nine.