Thinet International S.A. v. Saudi Basic Industries Corporation

(No. 08-17587) Bulletin 06/03/2010 (2009)

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Thinet International S.A. v. Saudi Basic Industries Corporation

France Court of Cassation (First Civil Chamber)
(No. 08-17587) Bulletin 06/03/2010 (2009)

Facts

Thinet International S.A. (Thinet) (plaintiff) was a construction company incorporated under French law. Thinet entered into a contract with Saudi Basic Industries Corporation (SBIC) (defendant), a Saudi Arabian company, for a project in Saudi Arabia. The contract contained a forum-selection clause that designated a Saudi Arabian court as the forum for cases arising from any dispute over the contract. After a dispute arose, Thinet sued SBIC in the Saudi Arabian court. Thinet obtained a judgment against SBIC from the Saudi Arabian court, and SBIC appealed. The Saudi appellate court vacated the judgment and dismissed the case, finding that the chosen forum, the Saudi Arabian court, lacked jurisdiction over the action. Thinet then filed another action against SBIC in a French commercial court. SBIC argued that the French commercial court lacked jurisdiction. The French commercial court ruled in favor of Thinet. SBIC appealed.

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Holding and Reasoning ()

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