Swiss Federal tribunal, 1st Court of civil law, 4 July 2018, X. S.P.A. v. Z. GmbH & Co, 4A_505/2017

A subcontract was concluded on behalf of a German contracting authority between a contractor, the Italian company X (“Claimant”) and a subcontractor, the German company Z (“Respondent”). Following a disagreement between the parties, the dispute was submitted to an arbitral tribunal under the auspices of the ICC, which ordered the plaintiff to pay the due [...]

Paris Court of Appeal, 29 May 2018, Wilkes Participacoes and Companhia Brasileira de Distribuicao SA v. Morzan Empreendimentos E Participações Ltda, no. 15/23187

Mandal, Companhia Brasileira de Distribuicao (CBD)’s wholly owned subsidiary, entered into a sales and purchase agreement (SPA) of Globex shares with Globex’s major shareholders (designated as Morzan). Morzan found that CBD did not abide by the payment terms. Consequently, Morzan initiated arbitral proceedings against CBD and its major shareholder, the brazilian company Wilkes Participações SA [...]

Paris Court of Appeal, 4 May 2018, Aperam Stainless France v. Mutares Holding-27 AG, no. 17/23095

By a contract dated 21 March 2017, the French company Aperam Stainless France (“Aperam”) sold to Mutares Holding-27 AG (“Mutares”), a German company, the entire share capital of a company and that of its subsidiary. The price was set at one euro, but the contract included a mechanism to adjust the final price thereafter. As [...]

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