ICSID, 13 July 2018, Mobil Investments Canada Inc v. Canada, ICSID Case No. ARB/15/6, Decision on Jurisdiction and Admissibility

On 13 July 2018, an ICSID arbitral tribunal issued a decision on jurisdiction and admissibility in Mobil Investments Canada Inc v. Canada, rejecting some of Respondents’ preliminary objections. The dispute arose out of oil projects located off the coast of the Canadian province of Newfoundland and Labrador. Following the Canada’s implementation of the 2004 Guidelines [...]

2018-08-06T22:31:36+00:00 July 13th, 2018|ICSID, International awards|0 Comments

Cour de Cassation, civil division, 4 July 2018, Honeywell matériaux v. Mr. X and Valeo, nos. 17-22103, 17-22105, 17-22106, 17-22107, 17-22109, 17-22111, 17-22113, 17-22114, 17-22115, 17-22116, 17-22117, 17-22.119, 17-22120, 17-22121, 17-22122 and 17-22123

The Cour de Cassation recalls that a jurisdictional plea based on the existence of an arbitration clause is inadmissible when it is raised for the first time before the Court of appeal.

2018-08-06T21:44:12+00:00 July 4th, 2018|Cour de cassation|0 Comments

United States District Court for the Southern District of Florida, 18 June 2018, Grupo Unidos Por El Canal, S.A. and Sacyr, S.A. v. Autoridad del Canal de Panama, no. 17-23996-Civ-Scola

Claimants, Grupo Unidos Por El Canal, S.A. (“GUPC”) and Sacyr, S.A. initiated an action requesting that the Court annul a final arbitral award. The underlying dispute arose in connection with a construction project in the Panama Canal. GUPC is the contractor, and Sacyr is one of GUPC’s shareholders. The dispute involved significant time delays and [...]

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 [...]

Aix en Provence Court of Appeal, 29 March 2018, Silim Environnement v. A4 Recycling, no. 15/11140

The subcontracting agreement contained an arbitration clause followed by a mention: “In case of failure of arbitration procedure within a maximum period of 3 months, only the MARSEILLE Commercial Court will be competent (...)”. Silim Environnement, contractor, decided to terminate the agreement. This decision being contested by A4 Recyclage, subcontractor, the latter appointed an arbitrator. The [...]

ICSID, 23 March 2018, Salini Impregilo S.p.A. v. Argentine Republic, no. ARB/15/39, Decision on Jurisdiction and Admissibility

In 1997, a construction consortium (“Claimant”) won a bid for a contract for the construction, maintenance and operation of a toll road in Argentina. The consortium formed Puentes del Litoral S.A., an Argentina-incorporated company. On the merits, the Claimant alleges that Argentina’s acts started in 2002 led to the termination of the contract in 2014. [...]

2018-06-27T06:46:41+00:00 March 23rd, 2018|ICSID, International awards|0 Comments