Arbitral Digest

Matter

AGI and Caribbean Fiber Holdings v Columbus Acquisitions and Columbus Holdings France

  1. 27 March 2011Arbitration

    27 March 2011Arbitration

    Partial arbitral award of 27 March 2011

    Decision summary
    The sole arbitrator decided that AGI had violated the agreement and reserved the claims for damages and procedural costs for a subsequent award.

    Supporting details

    5 participants
    AGI
    Caribbean Fiber Holdings (CFH)
    Columbus Acquisitions
    Columbus Holdings France
    Institution
    Arbitrator
    M. X

    2 years, 2 months and 23 days later · 815 days

  2. 19 June 2013France

    19 June 2013France

    Paris Regional Court enforcement order of 19 June 2013

    Paris Regional Court

    Decision summary
    The court granted exequatur to the 27 March 2011 Barbados arbitral award.

    Supporting details

    4 participants
    AGI
    Caribbean Fiber Holdings (CFH)
    Columbus Acquisitions
    Columbus Holdings France
    Paris Regional Court

    1 year, 3 months and 25 days later · 482 days

  3. 14 October 2014France

    14 October 2014France

    Paris Court of Appeal judgment of 14 October 2014

    Paris Court of Appeal, Division 1, Chamber 1

    Decision summary
    The court annulled the 27 March 2011 arbitral award and reversed the exequatur order because the arbitrator's undisclosed law-firm relationship with Leucadia National Corporation reasonably cast doubt on his independence and impartiality, rendering the tribunal irregularly constituted.

    Supporting details

    4 participants
    AGI
    Caribbean Fiber Holdings (CFH)
    Columbus Acquisitions
    Columbus Holdings France
    Paris Court of Appeal, Division 1, Chamber 1

    1 year, 2 months and 2 days later · 428 days

  4. 16 December 2015France

    16 December 2015France

    French Court of Cassation, First Civil Chamber, judgment of 16 December 2015

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected the appeal against the judgment annulling the 27 March 2011 arbitral award and reversing its exequatur. It held that the arbitrator's failure to disclose the representation of Leucadia National Corporation by his law firm was capable of giving rise to reasonable doubt about his independence and impartiality, rendering the arbitral tribunal irregularly constituted.

    Supporting details

    3 authorities · 5 participants
    AGI
    Caribbean Fiber Holdings (CFH)
    Columbus Acquisitions
    Representative
    SCP Delaporte, Briard et Trichet (For: Columbus Acquisitions · Columbus Holdings France)
    Columbus Holdings France
    Representative
    SCP Delaporte, Briard et Trichet (For: Columbus Acquisitions · Columbus Holdings France)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • Decree No. 2011-48 of 13 January 2011
      statute

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AGI and Caribbean Fiber Holdings v Columbus Acquisitions and Columbus Holdings France · Matter