Arbitral Digest

Matter

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

Case no.
15839/EC/ND
  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.

    Supporting details

    3 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.

    Supporting details

    1 authority · 2 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.

    Supporting details

    1 authority · 4 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

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