Arbitral Digest

Matter

Atel Z v International Contractors Group (French Court of Cassation, 22 October 1998)

Case no.
Entertainement City of Koweit; X... Bernard
  1. 10 July 1992France

    10 July 1992France

    Judgment of the Paris Court of Appeal dated 10 July 1992

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal fixed Atel Z's remuneration in the "Entertainement City of Koweit" matter at 5% of the amount of the arbitral award and, if necessary, ordered International Contractors Group to pay that amount.

    Supporting details

    2 participants
    Atel Z
    International Contractors Group
    Paris Court of Appeal

    1 year, 4 months and 7 days later · 495 days

  2. 17 November 1993France

    17 November 1993France

    Judgment of the Paris Court of Appeal dated 17 November 1993

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal fixed the fee owed to Atel Z in the "X... Bernard" matter after finding that the 28 November 1985 fee agreement could not apply because a settlement had intervened.

    Supporting details

    2 participants
    Atel Z
    International Contractors Group
    Paris Court of Appeal

    2 years, 1 month and 26 days later · 786 days

  3. 12 January 1996France

    12 January 1996France

    Judgment of the Paris Court of Appeal dated 12 January 1996

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal rejected Atel Z's request to validate attachments securing his fees. The 28 November 1985 fee agreement had become ineffective and inapplicable after a settlement, so it could not support the attachments against International Contractors Group, X... Bernard, and Le Crédit du Nord.

    Supporting details

    4 participants
    Atel Z
    International Contractors Group
    X... Bernard
    Le Crédit du Nord
    Paris Court of Appeal

    2 years, 9 months and 10 days later · 1014 days

  4. 22 October 1998France

    22 October 1998France

    Judgment of the Court of Cassation, Second Civil Chamber dated 22 October 1998

    Court of Cassation, Second Civil Chamber

    Decision summary
    The Court of Cassation rejected Atel Z's appeal concerning attachments made to secure his fees against International Contractors Group, X... Bernard, and Le Crédit du Nord. It held that the 10 July 1992 judgment fixed the fee at 5% of the arbitral award without deciding whether payment had occurred, and that the 28 November 1985 fee agreement had become ineffective after a settlement and could not support the attachments. Atel Z was ordered to pay costs and 12,000 French francs to each respondent under Article 700 of the French Code of Civil Procedure.

    Supporting details

    4 authorities · 17 participants
    Atel Z
    Representative
    Blondel (For: Atel Z)
    International Contractors Group
    Representative
    SCP Lyon-Caen, Fabiani and Thiriez (For: International Contractors Group)
    X... Bernard
    Representative
    Thomas-Raquin (For: X... Bernard)
    Le Crédit du Nord
    Representative
    SCP Vier and Barthélémy (For: Le Crédit du Nord)
    Court of Cassation, Second Civil Chamber
    Judge
    Laplace
    Judge
    Séné
    Judge
    Buffet
    Judge
    Borra
    Judge
    Lardet
    Judge
    Etienne
    Advocate General
    Chemithe
    Other
    Institutional administrator
    Claude Gautier

    Authorities cited

    4
    • French Civil Code (Article 1351 of the French Civil Code)
      statute
    • French Code of Civil Procedure (Article 480 of the French Code of Civil Procedure)
      statute
    • French Code of Civil Procedure (Article 557 of the French Code of Civil Procedure)
      statute
    • French Code of Civil Procedure (Article 700 of the French Code of Civil Procedure)
      statute
  5. Date not availableArbitration
  6. Date not availableArbitration

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Atel Z v International Contractors Group (French Court of Cassation, 22 October 1998) · Matter