Cour d'appel de Paris no 21-17792 - Fadis c CSV - Pôle 5 - Chambre 16 - Arret - French - 14 December 2021
Supporting judge of the Commercial Court - lack of jurisdiction (not inadmissibility)
Examined an appeal against a decision of the President of the Commercial Court of Paris who, being asked to order, as supporting judge (« juge d'appui »), the judicial extension of the arbitration deadline, declared himself lacking jurisdiction to rule on this request in favor of the President of the Judicial Court of Paris. The court confirmed this decision. It considered, on the basis of articles 1454 and 1459 of the Code of Civil Procedure, that the president of the Commercial Court of Paris had rightly declared himself lacking jurisdiction in favor of the president of the Judicial Court of Paris, to rule on this request since if in the present case the arbitration clause expressly provided that in the absence of appointment of its arbitrator by a party, this appointment could be made by an order of the president of the Commercial Court of Paris, this clause did not confer jurisdiction on this judge to rule on disputes other than those relating to the constitution of the arbitral tribunal, and in particular a dispute relating to the arbitration time limit.