Originally from: French International Arbitration Law Reports

 

 

 

THE COURT OF CASSATION, FIRST CIVIL CHAMBER, rendered the following decision:

 

Whereas, according to the challenged decision (Paris, 17 January 2002), availing itself of an arbitration agreement included in his sales representative contract dated 25 March 1998, Mr. X… requested reparation from Omenex (the Company) for the harm done to him when his contract was terminated. In an arbitral award dated 7 February 2000, the constituted arbitral tribunal held that it did have jurisdiction and dismissed the request for a stay of proceedings filed by Omenex, following the complaint with a petition to become a civil party filed in France on 2 December 1999, for forgery and false pretences. As the arbitral proceedings went ahead, the Company informed the arbitrators on 26 September 2000, the day of the hearing, of the deposition of Mr. Y…, manager of the Company, taken on 25 September 2000, in which it was stated that the contract had been predated. In a second award of 15 November 2000, Omenex was ordered to pay various amounts to Mr. X… . On 26 February 2001, the Company, once