ICSID, 26 July 2018, Georg Gavrilović and Gavrilović D.O.O. v. Croatia, ICSID Case No. ARB/12/39, Award

On 26 July 2018, an ICSID arbitral tribunal issued an award in favour of Austrian investors, Georg Gavrilović and Gavrilović D.O.O., claimant in a dispute with the Republic of Croatia (“Respondent”). The dispute arose out of the State’s refusal, when the Croatian War of Independence ended, to recognize a purchase of the family enterprise by [...]

2018-09-08T21:02:54+02:00July 26th, 2018|ICSID, International awards|0 Comments

Riom Court of Appeal, 20 June 2018, Mr C. A. v. Taxi Vichy, no. 17/00123

Taxi Vichy is a taxi company with bylaws providing for disputes to be submitted to arbitration. Taxi Vichy commenced proceedings against its former partner in order to obtain payment of its unpaid contributions. The Cusset Commercial Court ordered the partner to pay the unpaid contributions and damages for abusive resistance. The partner appealed invoking the [...]

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 [...]

Swiss Federal tribunal, 1st Court of civil law, 17 April 2018, L v. FIFA, 4A_426/2017

L., a Cameroonian club affiliated to the Cameroon Football Federation, had requested from FIFA (in particular the Commission in charge of the organization of the preliminary rounds of competition for the 2018 World Cup) a postponement of the matches to be played between the Cameroon team and the other teams in its group. According to [...]

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+02:00March 23rd, 2018|ICSID, International awards|0 Comments

Paris Court of Appeal, 16 January 2018, Republic of Iraq v. Fincantieri Cantieri Navali Italian, no. 16/05996

The Court of Appeal denied the request of the Ministry of Defence of Iraq to annul two ICC sentences. The dispute arose when two entities decided to finalise all ship construction and missiles delivery contracts. The execution of the contracts was made impossible because of the sanctions the UN enforced on the State of Iraq. [...]

Cour de cassation, Civ. 1, 10 January 2018, Shell, Jnah Development v. Marriott, no. 16-21391

The company Jnah has entered into a hotel operating agreement with Marriott, including an ICC arbitration clause. During the arbitration proceedings, a change of ownership of the plaintiff (Jnah company) took place. The former shareholders have given the transferee a power of attorney to act on behalf of the company in the current proceedings. A [...]

2018-02-12T08:05:38+01:00January 10th, 2018|Cour de cassation|0 Comments

Paris Court of Appeal, 14 November 2017, no. 17/17080

The bylaws of AMEPI (Association of Realtors), to which both parties to the dispute belonged, contain provisions on arbitration. These provisions require the parties to submit their dispute to arbitration within two months from the date of the event having given rise to the dispute. The party submits that, this deadline being elapsed, the state [...]

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