Arbitral Digest

Matter

Algerian Energy Company v Malakoff Corporation Berhad and Tlemcen Desalination Investment Company

Case no.
ICC Case No. 24250/DDA
Seat
France
Applicable rules
2017 ICC Arbitration Rules
  1. 13 January 2021France

    13 January 2021France

    Partial Arbitral Award on Jurisdiction in ICC Case No. 24250/DDA dated 13 January 2021

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The tribunal held that it was competent to hear Algerian Energy Company's liability claim under the Association Agreement and its share-transfer claim under the Framework Agreement in the same arbitration. It reserved other matters, including its competence to decide the merits of the termination of the water sale and purchase agreement and arbitration costs, for the next phase.

    Supporting details

    7 participants
    Algerian Energy Company SPA
    Malakoff Corporation Berhad
    Tlemcen Desalination Investment Company
    Hyflux Limited
    International Court of Arbitration of the International Chamber of Commerce
    Arbitrator
    [I] [U] [F]
    Arbitrator
    [Y] [K]
    Arbitrator
    [M] [E]

    2 years and 5 months later · 881 days

  2. 13 June 2023France

    13 June 2023France

    Judgment of the Paris Court of Appeal in RG No. 21/07296 dated 13 June 2023

    Paris Court of Appeal, International Commercial Chamber

    Case no.
    RG No. 21/07296; Portalis No. 35L7-V-B7F-CDP7U
    Decision summary
    The Paris Court of Appeal rejected Malakoff Corporation Berhad and Tlemcen Desalination Investment Company's application to annul the partial award. It upheld the tribunal's jurisdiction to hear the connected claims in one arbitration, including claims against non-signatory parties, and held that reserving the issue concerning the merits of the CVAE termination for the merits phase did not exceed the tribunal's mission. Malakoff and Tlemcen Desalination Investment Company were ordered to pay Algerian Energy Company SPA EUR 100,000 under Article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    1 authority · 16 participants
    Application
    Application to annul the partial arbitral award — Rejected
    Malakoff Corporation Berhad
    Representative
    Luca DE MARIA (For: Malakoff Corporation Berhad · Tlemcen Desalination Investment Company)
    Representative
    SELARL PELLERIN - DE MARIA - GUERRE (For: Malakoff Corporation Berhad · Tlemcen Desalination Investment Company)
    Representative
    Shaparak SALEH (For: Malakoff Corporation Berhad · Tlemcen Desalination Investment Company)
    Representative
    THREE CROWNS LLP (For: Malakoff Corporation Berhad · Tlemcen Desalination Investment Company)
    Tlemcen Desalination Investment Company
    Representative
    Luca DE MARIA (For: Malakoff Corporation Berhad · Tlemcen Desalination Investment Company)
    Representative
    SELARL PELLERIN - DE MARIA - GUERRE (For: Malakoff Corporation Berhad · Tlemcen Desalination Investment Company)
    Representative
    Shaparak SALEH (For: Malakoff Corporation Berhad · Tlemcen Desalination Investment Company)
    Representative
    THREE CROWNS LLP (For: Malakoff Corporation Berhad · Tlemcen Desalination Investment Company)
    Algerian Energy Company SPA
    Representative
    Matthieu Boccon Gibod (For: Algerian Energy Company SPA)
    Representative
    Samantha NATAF (For: Algerian Energy Company SPA)
    Representative
    Pierrick LE GOFF (For: Algerian Energy Company SPA)
    Hyflux Limited
    Paris Court of Appeal, International Commercial Chamber
    Other
    Court Reporter
    [B] [P]
    Institutional administrator
    Najma EL FARISSI

    Authorities cited

    1
    • French Code of Civil Procedure
      statute

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Algerian Energy Company v Malakoff Corporation Berhad and Tlemcen Desalination Investment Company · Matter