Matter

Alexander Brothers Ltd v Alstom Transport SA and Alstom Network UK Ltd

Aliases: Alexander Brothers v Alstom · Alstom v Alexander Brothers

Seat: Switzerland
Applicable rules: ICC Arbitration Rules 2012
Substantive governing law: Swiss law

29 January 2016Switzerland
29 January 2016Switzerland
Final ICC Award in Alexander Brothers Ltd v Alstom Transport SA and Alstom Network UK Ltd dated 29 January 2016
International Chamber of Commerce
Decision summary
The tribunal ordered Alstom Transport SA and Alstom Network UK Ltd to pay EUR 932,800 plus interest under contract 1 and EUR 624,440 plus interest under contract 2. It ordered ABL to pay EUR 77,000 in arbitration costs and EUR 66,281.68 in Alstom legal fees and rejected the remaining claims, including the contract 3 payment claim.
Supporting details
2 authorities · 3 participants
Alexander Brothers Limited
Alstom Transport SA
Alstom Network UK Limited
International Chamber of Commerce
Authorities cited
2
- Swiss Code of Obligations
  statute
- ICC Arbitration Rules 2012, Arbitration and costs framework
  institutional instrument
2 months and 1 day later · 61 days
30 March 2016France
30 March 2016France
Order granting recognition and enforcement of the 29 January 2016 award
Paris Tribunal of First Instance
Decision summary
The Paris Tribunal of First Instance granted recognition and enforcement of the Geneva ICC award.
Supporting details
1 authority
Paris Tribunal of First Instance
Authorities cited
1
- French Code of Civil Procedure, Articles 1514, 1516 and 1525
  statute
5 months and 23 days later · 176 days
22 September 2016France
22 September 2016France
Interim order concerning enforcement of the 29 January 2016 award
Paris Court of Appeal
Case no.
RG 16/11182
Decision summary
The Paris Court of Appeal arranged execution pending appeal and ordered Alstom to consign EUR 1,557,240 with the French Deposit and Consignments Office as judicial sequestrator.
Supporting details
1 authority
Paris Court of Appeal
Authorities cited
1
- French Code of Civil Procedure, Articles 1514, 1516, 1520 and 1525
  statute
1 year, 6 months and 19 days later · 565 days
10 April 2018France
10 April 2018France
Procedural order of the Paris Court of Appeal in RG 16/11182
Paris Court of Appeal
Case no.
RG 16/11182
Decision summary
The Paris Court of Appeal ordered production of specified documents and invited submissions on whether the evidence indicated a corruption contract.
Supporting details
1 authority
Paris Court of Appeal
Authorities cited
1
- French Code of Civil Procedure, Article 1520(5)
  statute
1 year, 1 month and 18 days later · 413 days
28 May 2019France
28 May 2019France
Judgment of the Paris Court of Appeal in RG 16/11182 dated 28 May 2019
Paris Court of Appeal
Case no.
RG 16/11182
Citation
RG 16/11182; Portalis 35L7-V-B7A-BY3JK
Decision summary
The Paris Court of Appeal refused recognition and enforcement of the award, ordered ABL to return EUR 1,828,850.88 to Alstom Transport, and ordered costs. The judgment found serious, precise and consistent indicia that payments financed or remunerated corruption of Chinese public officials.
Supporting details
5 authorities
Paris Court of Appeal
Authorities cited
5
- French Code of Civil Procedure, Article 1520(5)
  statute
- French Code of Civil Procedure, Article 1525
  statute
- French Code of Civil Procedure, Articles 699 and 700
  statute
- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 17 December 1997, 17 December 1997
  treaty
- United Nations Convention against Corruption, Merida, 9 December 2003, 9 December 2003
  treaty
Official French Supreme Court record reproducing the Paris judgment
4 months and 17 days later · 140 days
15 October 2019United Kingdom
15 October 2019United Kingdom
Enforcement order of the High Court of Justice dated 15 October 2019
High Court of Justice, Commercial Court, Queen's Bench Division
Case no.
CL-2019-000630
Decision summary
The High Court of Justice granted permission to enforce the 29 January 2016 Geneva ICC award in England and Wales.
Supporting details
1 authority
High Court of Justice, Commercial Court, Queen's Bench Division
Authorities cited
1
- Arbitration Act 1996 (United Kingdom), Section 103(3)
  statute
5 months and 22 days later · 174 days
6 April 2020United Kingdom
6 April 2020United Kingdom
Judgment of the High Court of Justice in case CL-2019-000630 dated 6 April 2020
High Court of Justice, Commercial Court, Queen's Bench Division
Case no.
CL-2019-000630
Citation
[2020] EWHC 814 (Comm)
Decision summary
The High Court gave procedural directions on Alstom's applications to adduce French-law expert evidence and extend the evidence timetable in its challenge to the enforcement order.
Supporting details
3 authorities
High Court of Justice, Commercial Court, Queen's Bench Division
Authorities cited
3
- Arbitration Act 1996 (United Kingdom), Section 103(3)
  statute
- Civil Procedure Rules (England and Wales) (Civil Procedure Rules, Part 35 and Rule 35.1, Part 35 and Rule 35.1)
  institutional instrument
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958, Article V(2)(b)
  treaty
BAILII judgment
2 months and 12 days later · 73 days
18 June 2020United Kingdom
18 June 2020United Kingdom
Judgment of the High Court of Justice in case CL-2019-000630 dated 18 June 2020
High Court of Justice, Commercial Court, Queen's Bench Division
Case no.
CL-2019-000630
Citation
[2020] EWHC 1584 (Comm)
Decision summary
The High Court rejected Alstom's application to set aside the enforcement order for lack of full and frank disclosure and public policy under Section 103(3) of the Arbitration Act 1996.
Supporting details
10 authorities
High Court of Justice, Commercial Court, Queen's Bench Division
Authorities cited
10
- Arbitration Act 1996 (United Kingdom), Sections 103(3), 104 and 105
  statute
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958, Article V(2)(b)
  treaty
- Westacre Investments Inc v Jugoimport-SDPR Holding Co Ltd [2000] QB 288, [2000] QB 288
  case
- Soleimany v Soleimany [1999] QB 785, [1999] QB 785
  case
- RBRG Trading (UK) Ltd v Sinocore International Co Ltd [2018] EWCA Civ 838, [2018] EWCA Civ 838
  case
- Eco Swiss China Time Ltd v Benetton International NV, Case C-126/97, EU:C:1999:269, Case C-126/97, EU:C:1999:269
  case
- Henderson v Henderson (1843) 3 Hare 100, (1843) 3 Hare 100
  case
- Arnold v National Westminster Bank plc (No 1) [1991] 2 AC 93 (HL), [1991] 2 AC 93 (HL)
  case
- Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46, [2010] UKSC 46
  case
- Magdeev v Tsvetkov [2020] EWHC 887 (Comm), [2020] EWHC 887 (Comm)
  case
BAILII judgment
1 year, 3 months and 11 days later · 468 days
29 September 2021France
29 September 2021France
Judgment of the French Court of Cassation in appeal F 19-19.769 dated 29 September 2021
French Court of Cassation, First Civil Chamber
Case no.
F 19-19.769
Citation
ECLI FR:CCASS:2021:C100558; Decision no. 558 F-D
Decision summary
The French Court of Cassation quashed the 28 May 2019 Paris judgment in full and remitted the recognition appeal to the Versailles Court of Appeal. It held that the Paris Court of Appeal had distorted clear terms of the arbitral hearing transcript when assessing the corruption indicia.
Supporting details
4 authorities
French Court of Cassation, First Civil Chamber
Authorities cited
4
- French Code of Civil Procedure, Article 1520(5)
  statute
- French Code of Civil Procedure, Article 1014(2)
  statute
- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 17 December 1997, 17 December 1997
  treaty
- United Nations Convention against Corruption, Merida, 9 December 2003, 9 December 2003
  treaty
Official French legal database judgment
1 year, 5 months and 13 days later · 531 days
14 March 2023France
14 March 2023France
Judgment of the Versailles Court of Appeal in RG 21/06191 dated 14 March 2023
Versailles Court of Appeal, First Chamber, First Section
Case no.
RG 21/06191
Citation
RG 21/06191
Decision summary
The Versailles Court of Appeal, sitting on remand, confirmed the 30 March 2016 recognition and enforcement order, rejected Alstom's public-policy and contradiction objections, and ordered Alstom jointly to pay EUR 30,000 under Article 700 and costs. The court held that the corruption indicia were not sufficiently established.
Supporting details
16 authorities
Versailles Court of Appeal, First Chamber, First Section
Authorities cited
16
- French Code of Civil Procedure, Articles 1514 and 1516
  statute
- French Code of Civil Procedure, Articles 1520(1), (4), (5) and 1525
  statute
- French Code of Civil Procedure, Articles 624, 625 and 638
  statute
- French Code of Civil Procedure, Articles 639, 699 and 700
  statute
- French Law no. 2016-1691 of 9 December 2016 (Sapin II) (French Law no. 2016-1691 of 9 December 2016, Article 17)
  statute
- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 17 December 1997, 17 December 1997 and Annex II
  treaty
- French Court of Cassation decision of 23 November 1976 (French Court of Cassation, First Civil Chamber, 23 November 1976, no. 75-13.113, 23 November 1976)
  case
- French Court of Cassation decision of 4 June 2008 (French Court of Cassation, First Civil Chamber, 4 June 2008, no. 06-15.320, 4 June 2008)
  case
- French Court of Cassation decision of 6 October 2010 (French Court of Cassation, First Civil Chamber, 6 October 2010, no. 09-10.530, 6 October 2010)
  case
- French Court of Cassation decision of 29 June 2011 (French Court of Cassation, First Civil Chamber, 29 June 2011, no. 10-16.680, 29 June 2011)
  case
- French Court of Cassation decision of 12 February 2014 (French Court of Cassation, First Civil Chamber, 12 February 2014, no. 10-17.076, 12 February 2014)
  case
- Bekolon v Kyrgyz Republic (French Court of Cassation, First Civil Chamber, 23 March 2022, no. 17-17.981, 23 March 2022)
  case
- French Court of Cassation decision of 7 September 2022 (French Court of Cassation, First Civil Chamber, 7 September 2022, no. 20-22.118, 7 September 2022)
  case
- French Court of Cassation decision of 19 November 1991 (French Court of Cassation, First Civil Chamber, 19 November 1991, no. 89-22.042, 19 November 1991)
  case
- French Court of Cassation decision of 15 March 1988 (French Court of Cassation, First Civil Chamber, 15 March 1988, 15 March 1988)
  case
- Swiss Code of Obligations, Article 18
  statute
Public institutional copy of the Versailles Court of Appeal judgment

Alexander Brothers Limited

Alstom Transport SA

Alstom Network UK Limited

International Chamber of Commerce

Paris Tribunal of First Instance

Paris Court of Appeal

Paris Court of Appeal

Paris Court of Appeal

High Court of Justice, Commercial Court, Queen's Bench Division

High Court of Justice, Commercial Court, Queen's Bench Division

High Court of Justice, Commercial Court, Queen's Bench Division

French Court of Cassation, First Civil Chamber

Versailles Court of Appeal, First Chamber, First Section