Court of Cassation, No. 10-17.545

Court of Cassation, First Civil Chamber, 26 October 2011, No. 10-17.545

FÉDÉRATION FRANÇAISE D’ÉTUDES ET DE SPORTS SOUS-MARINS (FFESSM)

MR. B

MR. X

Vs.

COMPANY CUTNERS & ASSOCIATES PC (Y)

THE COURT OF CASSATION, FIRST CIVIL CHAMBER, delivered the following judgment:

On the single ground, taken in its two parts:

Whereas, according to the judgment under appeal (Paris, 25 February 2010), the Fédération française d’études et de sports sous-marins (FFESSM) is a non-profit-making association with its headquarters in Marseilles; whereas on 17 November 2004, FFESSM signed, as well as its president, Mr. B…, and its secretary general, Mr. X…, an agreement for the provision of legal services with the American law firm Y… and Associates (Y), in order to defend an appeal filed before a New York court by the Cousteau Society and the Cousteau Team Association for infringement of the rights attached to the “Calypso” trademark; a dispute arose over the amount of the fees, and an arbitral tribunal, seized pursuant to the arbitration agreement contained in the contract, jointly and severally ordered FFESSM, Mr. B… and Mr. X… to pay a certain sum to Y..; that the award was enforced (in French Exequatur);

Whereas the judgment confirming the enforcement order (in French Ordonnance d’exequatur) is criticised since it distorted the terms of the agreement of 17 November 2004 and breached due process (in French Principe de la contradiction);

But whereas, on the one hand, the court of appeal did not distort the agreement by noting that it had been signed separately by FFESSM represented by Mr. B…, by Mr. B… and by Mr. X… and, on the other hand, that, in their submissions of appeal, the claimants did not argue that the summons of the arbitrator should have been addressed to them at their personal residences; that the ground, inadmissible as new and mixed in fact in its second part and unfounded in the first, must be rejected;

FOR THESE GROUNDS:

REJECTS the appeal;

Orders Mr. B… and Mr. X… to pay the costs;

Pursuant to article 700 of the Civil Procedure Code, dismisses the request;

Thus done and judged by the Court of Cassation, First Civil Chamber, and pronounced by the President in his public hearing of 26 October 2011.