In the context of a dispute relating to the termination of partnership contracts for the development of some varieties of rapeseed, the Paris Court of Appeal (International Commercial Chamber) on 18 May 2021, partially set aside an arbitration award rendered on 23 November 2018 under the aegis of the International Arbitration Chamber of Paris (CAIP), which ordered the company Laboulet to pay nearly EUR 1.7 million to Phycomat and, among other things, ordered Phycomat to compensate Laboulet for its loss of opportunity evaluated around EUR 1 million.

The Paris Court of Appeal dismissed Laboulet's action for partial annulment, but ruled in favor of Phycomat by deeming admissible its second ground for annulment according to which the tribunal did not comply with its mission by ruling ultra petita, and its third ground for annulment according to which the tribunal did not respect due process. The Court thus ruled that the award shall be partially annulled and decided to reopen the proceedings with regards to Laboulet’s compensation for loss of opportunity as it was not invoked before the arbitral tribunal.

Phycomat was represented in the annulment proceedings by Caroline Duclercq, partner at Medici.