The New York Convention of 10 June

Application pratique:

Under the Cass. 7 June 2006 ruling, French international arbitration law recognises the arbitration clause's validity independently of any national law. The landlord should immediately commence ICC arbitration as per the contract. The arbitrator will first rule on their own jurisdiction (competence-competence) and any award will be enforceable in the U.S. under the New York Convention. Notify the tenant in writing and appoint a French avocat specialised in arbitration to draft the request.

Application pratique:

The buyer should immediately initiate arbitration in France, citing the 2006 Court of Cassation decision which confirms that international arbitration agreements are valid without reference to any state law. The arbitrator has the power to decide on their own jurisdiction, so the Italian court proceedings cannot block the arbitration. Collect all evidence (expert reports, photos, correspondence) and instruct a French lawyer to file a request for arbitration, seeking damages for the concealed defects.

Application pratique:

The syndicate should rely on the 2006 precedent to assert that under French international arbitration law, the clause is valid and the arbitrator alone determines jurisdiction. Immediately send a formal notice to the contractor invoking arbitration, then appoint a lawyer to file an ICC request in Paris. The arbitrator will decide on competence and, if found valid, award damages. Keep all meeting minutes, invoices, and expert reports as evidence.