ICSID, 18 May 2018, Quiborax S.A. y Non-Metallic Minerals S.A. v. Bolivia, no. ARB/06/2, Decision on Annulment on the request of Bolivia

Upon the request of Bolivia in the Quiborax S.A. y Non-Metallic Minerals S.A. v. Bolivia case, on 18 May 2018 an ICSID ad hoc Committee issued a decision on annulment of an arbitral award dated 16 September 2015. The dispute was settled in favor of the investor. Bolivia requested annulment on three grounds set forth [...]

2018-06-27T21:55:39+00:00 May 18th, 2018|ICSID, International awards|0 Comments

Cairo Court of Appeal, Chamber 7, 9 May 2018, Doosan Heavy Industries and Construction v. Damietta International Port Company SAE and Kuwait Gulf Link Ports International, no. 44-134JY

A decision of the seventh chamber of the Cairo Court of appeal affirmed the recognition of an interim order by an ICC arbitral tribunal seated in Paris, for the stay of liquidation bonds valued more than USD 18 million and arising from a dispute under a contract for the supply of ship-to-shore gantry cranes. The [...]

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 [...]

Toulouse Court of Appeal, 30 April 2018, Airbus v. Asian Sky Group, no. 17/03754

Airbus Group entered into several contracts in 2013, 2014 and 2015 with Asian Sky Group (“ASG”), a company registered in Hong Kong, for consulting activities in the field of aviation. ASG, considering it had completed its missions, issued several invoices for a total amount of $ 1,810,000. Despite several orders to pay and a formal [...]

Grenoble Court of Appeal, 21 March 2018, Mr and Mrs B.C v. Brun Cosme and GWAXS Synergies, no. 18/00005

Following an improper execution of a support contract, two companies have been ordered to jointly pay, subject to penalty, 36 000 euros to two of their clients. This ones have thus challenged the order by considering that the “judge for interim relief” did not have jurisdiction by the arbitration clause contained in the contract. By [...]

Versailles Court of Appeal, 15 March 2018, Asentinel v. Neobis, no. 17/05458

Waiting for an award to be rendered, Neobis summoned Assentinel in accordance with Articles 872 and 873 of the French Code of Civil Procedure to order the forced execution of a supply contract until a certain date and to grant interim measures. On 5 July 2017, the president of the high court of Nanterre dismissed [...]

Versailles Court of Appeal, 22 February 2018, United Bank Limited v. Thalès Communications & Security, no. 17/01135

A high court judge (jugé des référé) ordered provisional prohibitive measures against several banks. It was provided that Thalès company had to commence an arbitration proceeding within 3 months from the decision, otherwise these measures would be rescheduled. One of the banks - United Limited Bank - requested the nullity of these measures, as Thalès [...]

English and Wales High Court (Commercial Court), 9 February 2018, Progas Energy Ltd v. The Islamic Republic of Pakistan, no. [2018] EWHC 209 (Comm)

The High Court grants the security for costs pending challenge of an award. The claimants, three companies incorporated in Mauritius, challenge, before the High Court, one of the arbitral awards in favour of the Respondent, the Islamic Republic of Pakistan, obliging them to pay the costs arising from the arbitration procedure. The Respondent then brought [...]

2018-03-04T22:41:37+00:00 February 9th, 2018|England and Wales High Court|0 Comments

Aix-en-Provence Court of Appeal, 11 January 2018, KPM SUN v. Farm PV1, Bester Generacion, no. 17/12187

The contract and sub-contract underlying the dispute were related to the design, supply, supervision of the construction of the plant and its commissioning. Both contracts were based on standard models issued by the International Federation of Consulting Engineers (“FIDIC”). The contracts provided that disputes between the parties were to be settled by the “dispute adjudication [...]