Facts
The dispute concerns a "lease" contract for heavy construction equipment, concluded on March 19, 1983 between a Saudi company and the defendant, designated as the lessee. The Saudi company subsequently assigned its rights to the plaintiff. The law applicable to the agreement was that of Saudi Arabia.
The defendant contested having been a party to the "lease" contract, which he claimed to have signed on behalf of a third-party company. He argued that the March 19, 1983 agreement was null and void under Saudi law, as it combined elements of sale and lease.
The Court of First Instance dismissed the plaintiff's claim, considering that the agreement was null under Saudi law. The plaintiff appealed this judgment.
The Geneva Cantonal Court of Justice requested a legal opinion from the Swiss Institute of Comparative Law (ISDC) and ultimately annulled the first instance judgment, considering that the March 19, 1993 agreement was valid under Saudi law.
The defendant then filed a public law appeal before the Federal Tribunal, alleging, in particular, a violation of his right to be heard.
Considerations
The Federal Tribunal upholds the appeal and annuls the judgment of the Cantonal Court of Justice.
It considers that the Cantonal Court of Justice violated the defendant's right to be heard, guaranteed by Article 4 of the Federal Constitution, by not informing the parties of the ISDC's legal opinion on which it based its decision.
According to the case law of the Federal Tribunal, the right to be heard implies that the parties must be able to take note of the judge's research on…