Blow Pack v Windmöller et Hölscher (French Court of Cassation, First Civil Chamber, 18 March 2015)

Procedural record

1. 14 September 2011Arbitration

   14 September 2011Arbitration

   ICC Award No. 15839/EC/ND dated 14 September 2011

   International Chamber of Commerce

   Award no.

   15839/EC/ND

   Decision summary

   The award determined the dispute concerning the Filmex and Varex machines; the Filmex portion was later partially set aside for violation of the principle of adversarial proceedings, while the Varex portion was not set aside.

   Participants

   Blow Pack

   Windmöller et Hölscher

   International Chamber of Commerce

   Arbitrator

   Mr X...

   1 year, 6 months and 19 days later · 566 days

2. 2 April 2013France

   2 April 2013France

   Judgment of the Paris Court of Appeal dated 2 April 2013

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal partially set aside the ICC award dated 14 September 2011 insofar as it concerned the Filmex machine, finding that the tribunal had violated the principle of adversarial proceedings by relying on partly translated expert-report materials without enabling Blow Pack to discuss the complete documents. It left the distinct Varex portion intact because the award was not indivisible and the Varex machine had not been examined by the expert.

   Participants

   Blow Pack

   Windmöller et Hölscher

   Paris Court of Appeal

   Authorities cited

   1

   • French Code of Civil Procedure
     statute

   1 year, 11 months and 16 days later · 715 days

3. 18 March 2015France

   18 March 2015France

   Judgment of the French Court of Cassation, First Civil Chamber dated 18 March 2015

   French Court of Cassation, First Civil Chamber

   Decision summary

   The Court of Cassation rejected both appeals. It upheld the partial setting aside of the ICC award insofar as it concerned the Filmex machine because the arbitral tribunal violated the principle of adversarial proceedings by relying on partially translated evidence without enabling Blow Pack to discuss the full material; the separate Varex portion was not set aside. It also rejected the request for automatic exequatur and the claims for costs under article 700.

   Participants

   Windmöller et Hölscher

   Representative

   SCP Thouin-Palat et Boucard (For: Windmöller et Hölscher)

   Blow Pack

   Representative

   SCP Ortscheidt (For: Blow Pack)

   French Court of Cassation, First Civil Chamber

   Authorities cited

   1

   • French Code of Civil Procedure
     statute