Arbitral Digest

Matter

Alpha Petrovision Holding AG v IPSA Holding (French Court of Cassation G 19-25.153)

Seat
Switzerland
  1. 23 December 2016Switzerland

    23 December 2016Switzerland

    Arbitral Award issued in Zurich on 23 December 2016

    Decision summary
    The arbitral tribunal ordered IPSA Holding to pay Alpha Petrovision Holding AG EUR 3,310,399.16 in principal and interest, together with further interest, fees and costs, in the dispute concerning the share-transfer agreement and its price supplements.

    Supporting details

    6 participants
    Alpha Petrovision Holding AG
    IPSA Holding
    Institution
    Arbitrator
    M. X...
    Arbitrator
    Mme N...
    Arbitrator
    M. R...
    Other
    Expert
    PwC

    17 days later · 17 days

  2. 9 January 2017France

    9 January 2017France

    Judgment of the Paris Commercial Court opening safeguard proceedings for IPSA Holding dated 9 January 2017

    Paris Commercial Court

    Decision summary
    The Paris Commercial Court opened safeguard proceedings for IPSA Holding and appointed CBF associés as administrator and I...-O... as judicial representative.

    Supporting details

    3 participants
    IPSA Holding
    Paris Commercial Court
    Other
    Institutional administrator
    CBF associés
    Institutional administrator
    I...-O...

    2 months and 1 day later · 60 days

  3. 10 March 2017France

    10 March 2017France

    Order of the President of the Paris Tribunal of First Instance granting exequatur to the award dated 10 March 2017

    President of the Paris Tribunal of First Instance

    Decision summary
    The order declared the Zurich arbitral award executable in France; the subsequent appellate proceedings preserved recognition and opposability but removed executory effect for the monetary condemnation during the safeguard proceedings.

    Supporting details

    2 participants
    Alpha Petrovision Holding AG
    IPSA Holding
    President of the Paris Tribunal of First Instance

    10 months and 1 day later · 307 days

  4. 11 January 2018Switzerland

    11 January 2018Switzerland

    Judgment of the Swiss Federal Supreme Court rejecting the challenge to the arbitral award dated 11 January 2018

    Swiss Federal Supreme Court

    Decision summary
    The Swiss Federal Supreme Court rejected the challenge brought against the Zurich arbitral award.

    Supporting details

    2 participants
    Alpha Petrovision Holding AG
    IPSA Holding
    Swiss Federal Supreme Court

    4 months and 11 days later · 131 days

  5. 22 May 2018France

    22 May 2018France

    Order of the insolvency judge on admission of Alpha Petrovision Holding AG's claim dated 22 May 2018

    Decision summary
    The insolvency judge stayed determination of admission of Alpha Petrovision Holding AG's claim pending the Paris Court of Appeal's decision on the appeal from the exequatur order.

    Supporting details

    2 participants
    Alpha Petrovision Holding AG
    IPSA Holding

    4 months and 10 days later · 133 days

  6. 2 October 2018France

    2 October 2018France

    Judgment adopting IPSA Holding's safeguard plan dated 2 October 2018

    Decision summary
    The judgment adopted a four-year safeguard plan for IPSA Holding, against which Alpha Petrovision Holding AG brought a third-party opposition.

    Supporting details

    2 participants
    IPSA Holding
    Alpha Petrovision Holding AG

    10 months and 4 days later · 308 days

  7. 6 August 2019France

    6 August 2019France

    Judgment of the Paris Court of Appeal in case RG 19/02553 dated 6 August 2019

    Paris Court of Appeal, Pôle 5, Chamber 8

    Case no.
    RG 19/02553
    Decision summary
    The Paris Court of Appeal declared Alpha Petrovision Holding AG's third-party opposition to the judgment adopting IPSA Holding's safeguard plan inadmissible.

    Supporting details

    2 participants
    Alpha Petrovision Holding AG
    IPSA Holding
    Paris Court of Appeal, Pôle 5, Chamber 8

    1 year, 3 months and 6 days later · 464 days

  8. 12 November 2020France

    12 November 2020France

    Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber, in case F 19-18.849 dated 12 November 2020

    French Court of Cassation, Commercial, Financial and Economic Chamber

    Case no.
    F 19-18.849
    Citation
    Arrêt n° 639 F-P+B
    Decision summary
    The Court of Cassation rejected both appeals. French exequatur could recognize and make the Zurich award opposable in France after declaration of the claim, but could not make the monetary condemnation executable during IPSA Holding's safeguard proceedings.

    Supporting details

    2 authorities · 11 participants
    IPSA Holding
    Representative
    SCP Ortscheidt (For: IPSA Holding · CBF associés · I...-O...)
    CBF associés
    Representative
    SCP Ortscheidt (For: IPSA Holding · CBF associés · I...-O...)
    I...-O...
    Representative
    SCP Ortscheidt (For: IPSA Holding · CBF associés · I...-O...)
    Alpha Petrovision Holding AG
    Representative
    SCP Thouin-Palat et Boucard (For: Alpha Petrovision Holding AG)
    French Court of Cassation, Commercial, Financial and Economic Chamber
    Judge
    Rémery
    Advocate General
    Guinamant
    Other
    Court Reporter
    Fornarelli

    Authorities cited

    2
    • French Commercial Code, Articles L. 622-21, L. 622-22, L. 624-2 and R. 624-5
      statute
    • French Code of Civil Procedure, Articles 4, 5, 16, 455, 1484, 1506, 1520 and 1525
      statute

    7 months and 4 days later · 216 days

  9. 16 June 2021France

    16 June 2021France

    Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber, in case G 19-25.153 dated 16 June 2021

    French Court of Cassation, Commercial, Financial and Economic Chamber

    Case no.
    G 19-25.153
    Citation
    Arrêt n° 524 F-D
    Decision summary
    The Court of Cassation rejected Alpha Petrovision Holding AG's third-party opposition appeal and upheld the finding that its opposition to the judgment adopting IPSA Holding's safeguard plan was inadmissible. The alleged fraud and distinct interest were not established.

    Supporting details

    2 authorities · 13 participants
    Alpha Petrovision Holding AG
    Representative
    SCP Thouin-Palat et Boucard (For: Alpha Petrovision Holding AG)
    IPSA Holding
    Representative
    SCP Ortscheidt (For: IPSA Holding · CBF associés · [K])
    CBF associés
    Representative
    SCP Ortscheidt (For: IPSA Holding · CBF associés · [K])
    [K]
    Representative
    [X] [N] (For: [K])
    Representative
    SCP Ortscheidt (For: IPSA Holding · CBF associés · [K])
    French Court of Cassation, Commercial, Financial and Economic Chamber
    Judge
    Riffaud
    Judge
    Rémery
    Advocate General
    Henry
    Other
    Institutional administrator
    [E] [U]
    Court Reporter
    Labat

    Authorities cited

    2
    • French Commercial Code, Article L. 661-3
      statute
    • French Code of Civil Procedure, Article 583
      statute

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Alpha Petrovision Holding AG v IPSA Holding (French Court of Cassation G 19-25.153) · Matter