France's Highest Court, the Cour de cassation, Validates Asymmetrical Jurisdiction Clauses | White & Case LLP International Law Firm, Global Law Practice
France's Highest Court, the Cour de cassation, Validates Asymmetrical Jurisdiction Clauses

France's Highest Court, the Cour de cassation, Validates Asymmetrical Jurisdiction Clauses

In its widely published decision of 7 October 2015 [1], France's highest court, the Cour de cassation, has adopted a clear stance in favour of validating conditional and asymmetric forum selection clauses.

The case involved Apple Sales International and one of its approved resellers in France. The litigious clause stipulated the following: "This agreement and the corresponding relationship between the parties shall be governed by and construed in accordance with the laws of the Republic of Ireland and the parties shall submit to the jurisdiction of the courts of the Republic of Ireland. Apple reserves the right to institute proceedings against Reseller in the courts having jurisdiction in the place where the Reseller has its seat or in any jurisdiction where a harm to Apple is occurring".

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[1] - Cass. civ 1re 7 octobre 2015, pourvoi n° 14-16.898 arrêt n° 1053 FS-P +B+I.

 

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