Cour D'Appel De Paris - Pole 5 - Chambre 16 Arret Du 6 Juillet 2021 RG 21-03597 - Novacid, Seqens, Feracid v Rhodia Operations, Rhodia Chimie - French - 6 July 2021
Country
Year
2021
Summary
In this case involving several parties and a set of contracts, one of which included an arbitration clause, the ICCP-CA held that it could not be argued that there was a clear lack of connection between the dispute initiated before the Commercial Court and this arbitration clause, which was inserted in a contract that was part of a larger operation to transfer a branch of activity, and this regardless of the tort or contractual nature of the action taken. It added that although one of the companies involved in the case was not a party to the contract, it was not disputed that this company had been created for the purpose of operating the transferred branch of activity and that, as it was directly involved in the operation of this activity on the disputed site, it could not be considered from the outset that it had no connection with the dispute and the arbitration agreement.