Swiss Federal tribunal, 1st Court of civil law, 26 July 2018, X. v. Y, 4A_404/2017

The dispute was related to the successive transfer of company Z’s shares from company U to company X, and from company X to company Y. Regarding the first transfer, the share transfer agreement provided that the original vendor (the U company) would remain in charge of disputes relating to funds transferred abroad (offshore) and that [...]

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 [...]

Swiss Federal tribunal, 1st Court of civil law, 24 May 2018, A. v. B., 4A_491/2017

A Russian company, A. (“Company A.”), and an Austrian company, B. (“Company B.”), entered into agreement stipulating that the Austrian company would manufacture and deliver, one by one, five machines for use in the railways sector. The purchaser was entitled, in accordance with a clause in the contract, to terminate the contract unilaterally in the [...]

Paris Court of Appeal, 22 May 2018, Spouses Z v. ITM Sud Ouest, no. 16/24803

A trade-name license agreement for the operation of a store was concluded between ITM and Joriane, a company controlled and managed by the Spouses Z. In 2002, ITM undertook to buy (“promesse unilatérale d’achat”) the shares of Joriane company over a period of 10 years, this unilateral commitment included an arbitration clause. A decision in [...]

Swiss Federal tribunal, 1st Court of civil law, 22 May 2018, Club L. v. FECAFOOT and FECAFOOT v. Club L., 4A_170/2017 4A_194/2017

Club L. (“Claimant”) is a football club, affiliated to the Cameroon Football Federation (“FECAFOOT”), which is a member of the International Federation of Football Association. The dispute arose in connection with the process of elections organized by FECAFOOT and then cancelled, at the request of Club L., by the Conciliation and Arbitration Chamber (“CAC”) of [...]

Singapore High Court, 26 April 2018, China Machine New Energy Corp (CMNC) v. Jaguar Energy Guatemala LLC [2018] SGHC 101

On 26 April 2018, the Singapore High Court refuses to set aside an award in favour of Jaguar Energy Guatemala. The dispute originated in the construction of a coal-fired power plant in Guatemala by CMNC. In both contracts concluded by the parties, the arbitration clause provided for an expedited arbitral procedure, with the tribunal required [...]

England and Wales Court of Appeal, 23 April 2018, RBRG Trading Limited v. Sinocore International Co. Ltd. [2018] EWCA Civ 838

The award under appeal was rendered on 30 June 2014 under the China International Economic and Trade Arbitration Commission (CIETAC) and ordered damages in amount of US$4,857,500 to Sinocore for the breach by RBRG of a steel coil sales contract. RBRG maintains that the recognition and enforcement of the award would be contrary to public [...]

Paris Court of Appeal, 21 March 2018, SMP Technologies v. Axon Enterprise, no. 18/01877

The Axon Enterprise company, known as the manufacturer of the “Taser” weapons entrusted a French company the exclusive distribution of its product in the French territory. In the distribution contract, Article 13 provided that in the event of a dispute, an arbitration under the American Arbitration Association Rules, with the place of arbitration fixed in [...]

Paris Court of Appeal, 27 February 2018, Riseria Prodotti Del Sole (RPS) v. Scamark, no. 16/01358

Two companies concluded a contract for the supply of goods in 2009, including an arbitration clause. Considering that the goods were non-conforming, one of the parties commenced an arbitration proceeding. The award and its exequatur were rendered against the supplier, RPS, that brought an action for annulment of the award and the reversal of the [...]

Paris Court of Appeals, 16 January 2018, MK Group v. Onix and Société Financial Initiative, no. 15/21703

The Paris Court of Appeals set aside an investment arbitration award for “manifest, effective and concrete” violation of the international public order. It ruled that the award had provided the respondent with a title for an investment made in Laos by fraudulently obtaining an administrative authorization for exploitation of natural resources. The two original versions [...]

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