Arbitral Digest

Matter

Amalgo Corporation v [F] [V], [R] [V], [K] [V] [C] and [X] [C] (Paris Court of Appeal RG 21/17733)

Seat
Switzerland
Applicable rules
UNCITRAL Arbitration Rules · Rules of the International Bar Association on the Taking of Evidence in International Arbitration
  1. 15 July 2021Switzerland

    15 July 2021Switzerland

    Swiss ad hoc arbitral award rendered in Geneva dated 15 July 2021

    Decision summary
    The arbitral tribunal ordered [F] [V], [R] [V], [K] [V] [C] and [X] [C] to pay Amalgo Corporation EUR 400,000 under the specific asset-and-liability guarantee for the Medicamat property. Amalgo Corporation was authorized to retain EUR 300,000 from the escrow account toward that amount, with EUR 100,000 remaining payable, and the sellers were ordered to pay EUR 137,935.25 in arbitration costs.

    Supporting details

    7 participants
    Amalgo Corporation
    [F] [V]
    [R] [V]
    [K] [V] [C]
    [X] [C]
    Other
    Witness
    [L] [O]
    Witness
    [S] [T]

    1 month and 8 days later · 39 days

  2. 23 August 2021France

    23 August 2021France

    Order of the President of the Paris Judicial Court dated 23 August 2021

    Paris Judicial Court

    Decision summary
    The President of the Paris Judicial Court granted exequatur in France to the Swiss arbitral award rendered in Geneva on 15 July 2021.

    5 months and 4 days later · 157 days

  3. 27 January 2022France

    27 January 2022France

    Order of the Paris Court of Appeal Case Management Judge dated 27 January 2022

    Paris Court of Appeal, Case Management Judge

    Decision summary
    The Paris Court of Appeal case-management judge rejected the sellers' application to stay provisional enforcement of the Swiss arbitral award in France.

    5 months and 15 days later · 166 days

  4. 12 July 2022France

    12 July 2022France

    Judgment of the Paris Court of Appeal in the case RG 21/17733 dated 12 July 2022

    Paris Court of Appeal, International Commercial Chamber, Pole 5 - Chamber 16

    Case no.
    RG 21/17733
    Decision summary
    The Paris Court of Appeal confirmed the Paris Judicial Court's order granting exequatur in France to the 15 July 2021 Swiss arbitral award. It rejected the sellers' challenges based on arbitral jurisdiction, the tribunal's mission, and international public policy, dismissed Amalgo Corporation's claim that the appellate submissions were defamatory, and ordered the sellers to pay Amalgo Corporation EUR 10,000 under Article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    5 authorities · 13 participants
    [F] [V]
    Representative
    Jacques BELLICHACH (For: [F] [V] · [R] [V] · [K] [V] [C] · [X] [C])
    Representative
    Isabelle VAUGON (For: [F] [V] · [R] [V] · [K] [V] [C] · [X] [C])
    [R] [V]
    Representative
    Jacques BELLICHACH (For: [F] [V] · [R] [V] · [K] [V] [C] · [X] [C])
    Representative
    Isabelle VAUGON (For: [F] [V] · [R] [V] · [K] [V] [C] · [X] [C])
    [K] [V] [C]
    Representative
    Jacques BELLICHACH (For: [F] [V] · [R] [V] · [K] [V] [C] · [X] [C])
    Representative
    Isabelle VAUGON (For: [F] [V] · [R] [V] · [K] [V] [C] · [X] [C])
    [X] [C]
    Representative
    Jacques BELLICHACH (For: [F] [V] · [R] [V] · [K] [V] [C] · [X] [C])
    Representative
    Isabelle VAUGON (For: [F] [V] · [R] [V] · [K] [V] [C] · [X] [C])
    Amalgo Corporation
    Representative
    François TEYTAUD (For: Amalgo Corporation)
    Representative
    Audrey WEISSBERG (For: Amalgo Corporation)
    Paris Court of Appeal, International Commercial Chamber, Pole 5 - Chamber 16
    Other
    Institutional administrator
    Najma EL FARISSI

    Authorities cited

    5
    • French Code of Civil Procedure
      statute
    • 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
      treaty
    • European Convention on Human Rights
      treaty
    • French Civil Code
      statute
    • French Criminal Code
      statute

Matter record

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Amalgo Corporation v [F] [V], [R] [V], [K] [V] [C] and [X] [C] (Paris Court of Appeal RG 21/17733) · Matter