Matter
Anapharm Inc and Anapharm Europe v CLL Pharma (ICC Arbitration No. 15831/EC/ND)
- 8 October 2010Arbitration
8 October 2010Arbitration
ICC Arbitral Award No. 15831/EC/ND dated 8 October 2010
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The sole arbitrator held Anapharm Inc and Anapharm Europe to be joint and several creditors of CLL Pharma and ordered CLL Pharma to pay EUR 243,010 to them.
Supporting details
4 participantsAnapharm Inc
Anapharm Europe S.L.
CLL Pharma
International Court of Arbitration of the International Chamber of Commerce
- Institutional administrator
- International Court of Arbitration of the International Chamber of Commerce
11 months and 19 days later · 354 days
- 27 September 2011France
27 September 2011France
Judgment of the Aix-en-Provence Court of Appeal dated 27 September 2011
Aix-en-Provence Court of Appeal
- Decision summary
- The Aix-en-Provence Court of Appeal confirmed the Nice Regional Court's exequatur of the ICC award, rejecting CLL Pharma's challenge that the award's recognition of Anapharm Inc and Anapharm Europe as joint and several creditors violated the principle of adversarial submissions.
Supporting details
3 participantsCLL Pharma
Anapharm Inc
Anapharm Europe S.L.
Aix-en-Provence Court of Appeal
6 days later · 6 days
- 3 October 2011France
3 October 2011France
Exequatur Order of the President of the Nice Regional Court dated 3 October 2011
Nice Regional Court
- Decision summary
- The President of the Nice Regional Court granted exequatur to the ICC award in favour of Anapharm Inc and Anapharm Europe against CLL Pharma.
Supporting details
3 participantsAnapharm Inc
Anapharm Europe S.L.
CLL Pharma
Nice Regional Court
1 year, 2 months and 16 days later · 443 days
- 19 December 2012France
19 December 2012France
Judgment of the French Court of Cassation, First Civil Chamber dated 19 December 2012
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation dismissed CLL Pharma's appeal against enforcement of the ICC award. It held that the French Civil Code provisions on active solidarity were mentioned informatively rather than used as the award's legal foundation, and that the issue had been debated before the arbitrator; it ordered CLL Pharma to pay the costs and EUR 3,000 to Anapharm Inc under Article 700 of the French Code of Civil Procedure.
Supporting details
6 authorities · 5 participantsCLL Pharma
- Representative
- SCP Nicolaÿ, de Lanouvelle et Hannotin (For: CLL Pharma)
Anapharm Inc
- Representative
- Kathleen X... (For: Anapharm Inc)
Anapharm Europe S.L.
French Court of Cassation, First Civil Chamber