Arbitral Digest

Matter

Aimery de Y... v Trioplast AB (Paris Court of Appeal 06/04016)

Case no.
13541/EC
  1. 23 January 2006Arbitration

    23 January 2006Arbitration

    ICC Arbitral Award 13541/EC dated 23 January 2006

    International Chamber of Commerce

    Award no.
    13541/EC
    Decision summary
    The sole arbitrator rejected Aimery de Y...'s claims for commission arrears, termination damages, other damages, and arbitration costs, and rejected Trioplast AB's claim for reimbursement of arbitration and legal costs. The USD 28,000 arbitration costs were divided equally between the parties, with each party bearing its own other costs and counsel fees.

    Supporting details

    4 participants
    Aimery de Y...
    Trioplast AB
    International Chamber of Commerce
    Arbitrator
    Johan X...
    Institutional administrator
    International Chamber of Commerce

    1 year, 10 months and 13 days later · 682 days

  2. 6 December 2007France

    6 December 2007France

    Decision of the Paris Court of Appeal, First Chamber - Section C in the case 06/04016 dated 6 December 2007

    Paris Court of Appeal, First Chamber - Section C

    Case no.
    06/04016
    Decision summary
    The Paris Court of Appeal rejected Aimery de Y...'s application to annul ICC award 13541/EC dated 23 January 2006. It held that the alleged failure to address the termination-indemnity argument concerned the merits and was not a violation of the arbitrator's mission, and that the award's application of Swedish agency-law rules did not offend international public policy. Aimery de Y... was ordered to pay Trioplast AB EUR 5,000 under article 700 of the French New Code of Civil Procedure and to bear the costs.

    Supporting details

    4 authorities · 11 participants
    Application
    Application to annul ICC award 13541/EC — Rejected
    Aimery de Y...
    Representative
    SCP Roblin - Chaix de Lavarenne (For: Aimery de Y...)
    Representative
    Thierry Z... (For: Aimery de Y...)
    Trioplast AB
    Representative
    SCP Fisselier - Chiloux - Boulay (For: Trioplast AB)
    Representative
    Louis Christophe A... (For: Trioplast AB)
    Representative
    Bredin Prat (For: Trioplast AB)
    Paris Court of Appeal, First Chamber - Section C
    Judge
    Hascher
    Judge
    Périé
    Judge
    Matet
    Other
    Institutional administrator
    B...

    Authorities cited

    4
    • French New Code of Civil Procedure, Articles 786, 910, 1502(3), 1502(5), and 700
      statute
    • Swedish Law No. 1991:351, Article 28
      statute
    • Community Directive 86/653 of 18 December 1986 concerning independent commercial agents (Community Directive 86/653 of 18 December 1986)
      directive
    • French law dated 25 June 1991
      statute

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Aimery de Y... v Trioplast AB (Paris Court of Appeal 06/04016) · Matter