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 [...]

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 [...]

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