Cour de Cassation, First Civil Chamber, 9 January 2008, HGL v Spanghero, Horizon Meats New Zealand LTD, Blue Sky marketing Ltd - French International Arbitration Law Reports: 2008
About the Editors:
Philippe Pinsolle is a partner at Shearman & Sterling LLP in Paris, and specializes in international arbitration. He has been involved, as counsel or arbitrator, in more than a hundred and fifty international arbitrations, both institutional (ICC, ICSID, LCIA, SCC, AFA, Swiss Rules, etc.) and ad hoc, concerning such activities as investment, oil and gas, energy, telecom or defense industry. He is a member of the Paris Bar and of the Bar of England & Wales (Gray's Inn). He is a lecturer on international arbitration at the Universities of Aix-Marseille III, Versailles-St Quentin and Paris 12. Mr. Pinsolle is the former President of the International Arbitration commission of the Union Internationale des Avocats (UIA) and a co-founder of the Young Arbitration Practitioners (YAP). He is the author of numerous articles and case-notes on international arbitration. He holds a J.D. degree from the university of Paris II, a M.Jur. from Oxford University, Hertford College, and an MBA degree from Essec.
Professor Thomas Clay is the Dean of the Versailles Law School and Director of its LLM in International Arbitration in collaboration with the International Chamber of Commerce (ICC), the only French-language program in international arbitration. A member of the French Arbitration Committee and of the International Arbitration Institute and other institutions, Professor Clay is the author of various books and articles on arbitration, including "The Arbitrator", a treatise on the duties and obligations of arbitrators. He writes a regular column Arbitration Law in the weekly legal journal Dalloz. He also participates in numerous conferences throughout the world on international arbitration and has an extensive practice in arbitration in French, Spanish, English and Italian, collaborating with the ICC, other French institutions, the Milan Arbitration Court, and in Africa and South America. He is also member of the Jurisdiction of Professional Soccer League and Arbitrator in the French Sport Arbitration Chamber.
Originally from French International Arbitration Law Reports: 2008
COUR DE CASSATION, FIRST CIVIL CHAMBER 9 January 2008 Appeal denied. Mr. Bargue, presiding Judge. Petition No. T 07-12.349 Decision No. 10 F-D
The COUR DE CASSATION, FIRST CIVIL CHAMBER, rendered the following decision:
Ruling on the appeal filed by the company HGL, société par actions simplifiée, having its registered office at: 13 rue Saint Jacques, 22400 Lamballe, against a decision rendered on 30 January 2007 by the Rennes Court of Appeal (2nd commercial chamber), in the dispute opposing it to:
1. the company Spanghero, société anonyme, having its registered office at: ZI d’Entourre, BP 76, 11451 Castelnaudary cedex,