Arbitral Digest

Matter

Alstom Transport SA and Alstom Network UK Ltd v Alexander Brothers Ltd (Paris Court of Appeal RG 16/11182)

Seat
Switzerland
Substantive governing law
Swiss law
  1. 29 January 2016Switzerland

    29 January 2016Switzerland

    ICC arbitral award dated 29 January 2016

    International Chamber of Commerce

    Decision summary
    The tribunal ordered Alstom Transport SA and Alstom Network UK Ltd to pay Alexander Brothers Ltd EUR 932,800 under consultant contract 1 and EUR 624,440 under consultant contract 2, plus interest, part of the arbitration costs and opposing counsel fees; it rejected the claim under consultant contract 3 and the remaining claims.

    Supporting details

    6 participants
    Alstom Transport SA
    Alstom Network UK Ltd
    Alexander Brothers Ltd
    International Chamber of Commerce
    Arbitrator
    [Z]
    Arbitrator
    [C]
    Arbitrator
    [I]

    2 months and 1 day later · 61 days

  2. 30 March 2016France

    30 March 2016France

    Enforcement order of 30 March 2016 for the ICC award

    Paris Regional Court

    Decision summary
    The Paris Regional Court conferred exequatur on the 29 January 2016 arbitral award.

    1 month and 19 days later · 50 days

  3. 19 May 2016France

    19 May 2016France

    Enforcement order of 19 May 2016

    Paris Regional Court

    Decision summary
    The Paris Regional Court order conferring exequatur on the award was overturned by the Paris Court of Appeal.

    5 months and 15 days later · 168 days

  4. 3 November 2016Switzerland

    3 November 2016Switzerland

    Swiss Federal Supreme Court decision of 3 November 2016

    Swiss Federal Supreme Court

    Decision summary
    The Swiss Federal Supreme Court rejected the challenge seeking annulment of the arbitral award.

    1 year, 5 months and 7 days later · 523 days

  5. 10 April 2018France

    10 April 2018France

    Paris Court of Appeal judgment of 10 April 2018 ordering production of documents

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal ordered Alstom to produce specified documents under a penalty and invited the parties to address the existence of a corruption contract and indicators of corruption.

    1 year, 1 month and 18 days later · 413 days

  6. 28 May 2019France

    28 May 2019France

    Judgment of the Paris Court of Appeal in case RG 16/11182 dated 28 May 2019

    Paris Court of Appeal

    Case no.
    RG 16/11182
    Decision summary
    The court set aside the exequatur order for the 29 January 2016 arbitral award and rejected Alexander Brothers Ltd's request for enforcement. It held that recognition or enforcement would violate French international public policy because the award required payment of sums that financed or remunerated corruption of foreign public officials, ordered Alexander Brothers Ltd to restitute EUR 1,828,850.88 to Alstom Transport SA, and awarded costs against Alexander Brothers Ltd.

    Supporting details

    5 authorities · 16 participants
    Application
    Appeal against the exequatur order — Allowed
    Application
    Request for exequatur of the 29 January 2016 award — Rejected
    Alstom Transport SA
    Representative
    Luca DE MARIA (For: Alstom Transport SA · Alstom Network UK Ltd)
    Representative
    Cédric POUZICHAC (For: Alstom Transport SA · Alstom Network UK Ltd)
    Representative
    Marion CARREGA (For: Alstom Transport SA · Alstom Network UK Ltd)
    Alstom Network UK Ltd
    Representative
    Luca DE MARIA (For: Alstom Transport SA · Alstom Network UK Ltd)
    Representative
    Cédric POUZICHAC (For: Alstom Transport SA · Alstom Network UK Ltd)
    Representative
    Marion CARREGA (For: Alstom Transport SA · Alstom Network UK Ltd)
    Alexander Brothers Ltd
    Representative
    Frédérique ETEVENARD (For: Alexander Brothers Ltd)
    Representative
    Jean-Pierre MIGNARD (For: Alexander Brothers Ltd)
    Representative
    Denis MOURALIS (For: Alexander Brothers Ltd)
    Representative
    [P] (For: Alexander Brothers Ltd)
    Representative
    CCH Management Ltd (For: Alexander Brothers Ltd)
    Paris Court of Appeal
    Other
    Institutional administrator
    Mélanie PATE
    Witness
    [L] [R]

    Authorities cited

    5
    • French Code of Civil Procedure
      statute
    • OECD Anti-Bribery Convention of 17 December 1997
      treaty
    • United Nations Convention Against Corruption of 9 December 2003 (United Nations Convention Against Corruption, Mérida, 9 December 2003)
      treaty
    • Chinese Law on Tendering and Bidding of 30 August 1999 (Law of the People's Republic of China on Tendering and Bidding of 30 August 1999)
      statute
    • Chinese Government Procurement Law of 29 June 2002 (Government Procurement Law of the People's Republic of China of 29 June 2002)
      statute

Matter record

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Alstom Transport SA and Alstom Network UK Ltd v Alexander Brothers Ltd (Paris Court of Appeal RG 16/11182) · Matter