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FRANCE 66
Cour de Cassation, First Civil Chamber, 6 November 2024, Case No. X 23-17.615, Decision No. 591 FS-D
(Nurhima Kiram Fornan at al. v. State of Malaysia and The Public ... Read more
Cour de Cassation, First Civil Chamber, 6 November 2024, Case No. X 23-17.615, Decision No. 591 FS-D
(Nurhima Kiram Fornan at al. v. State of Malaysia and The Public Prosecutor at the Paris Court of Appeal)
FRANCE 66
This decision was rendered in the Sulu case, which concerned a dispute under an 1878 Agreement by which the Sultan of Sulu had granted exploitation rights to North Borneo natural resources to two individuals to whom Malaysia eventually succeeded. The Supreme Court affirmed the decision of the Paris Court of Appeal (France no. 64) arbitration provision in the 1878 Agreement had become null and void and that, as a consequence, the application filed by the Sultan’s successors to recognize an ad hoc interim award on jurisdiction rendered in Spain based on that provision should be denied. The Court agreed with the court below that the choice for the British Consul General posted in Borneo at the time of the Agreement as the person tasked with deciding all disputes thereunder had been intuitu personae, and had become invalid when that person became unavailable.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.