Arbitral Digest

Matter

BOTAS Petroleum Pipeline Corporation v Societe Tepe Insaat Sanayii A.S. (Paris Court of Appeal 09/15742)

Substantive governing law
English law
  1. 5 June 2009Arbitration

    5 June 2009Arbitration

    Intermediate Award dated 5 June 2009

    International Chamber of Commerce

    Decision summary
    The tribunal recognized TEPE's right to additional remuneration for changed quantities of work; rejected its claims for an extension of time and extension costs; rejected BOTAS's claim for liquidated delay damages; held BOTAS's termination irregular and its call on TEPE's performance bond unavailable; and held that TEPE could recover its retention and stage guarantees and the costs of maintaining them. The remaining claims and costs were reserved.

    Supporting details

    5 participants
    BOTAS Petroleum Pipeline Corporation
    Societe Tepe Insaat Sanayii A.S.
    International Chamber of Commerce
    Arbitrator
    [D] [J] [M]
    Arbitrator
    [K] [F]
    Arbitrator
    [C] [B]

    1 year, 5 months and 27 days later · 545 days

  2. 2 December 2010France

    2 December 2010France

    Judgment of the Paris Court of Appeal in case 09/15742 dated 2 December 2010

    Paris Court of Appeal, Division 1 - Chamber 1

    Case no.
    09/15742
    Decision summary
    The court rejected BOTAS's application to annul the 5 June 2009 ICC intermediate award. It held that BOTAS's arguments concerning good-faith performance, estoppel, contradiction, and procedural equality sought an impermissible review of the merits, ordered BOTAS to pay TEPE EUR 150,000 under Article 700 of the French Code of Civil Procedure, rejected BOTAS's own Article 700 claim, and ordered BOTAS to pay the costs.

    Supporting details

    1 authority · 12 participants
    BOTAS Petroleum Pipeline Corporation
    Representative
    SCP Duboscq - Pellerin (For: BOTAS Petroleum Pipeline Corporation)
    Representative
    Philippe Leboulanger (For: BOTAS Petroleum Pipeline Corporation)
    Societe Tepe Insaat Sanayii A.S.
    Representative
    SCP Hardouin (For: Societe Tepe Insaat Sanayii A.S.)
    Representative
    Jean-Christophe Honlet (For: Societe Tepe Insaat Sanayii A.S.)
    Representative
    Anne-Sophie Dufetre (For: Societe Tepe Insaat Sanayii A.S.)
    Representative
    SCP Salans & Associes (For: Societe Tepe Insaat Sanayii A.S.)
    Paris Court of Appeal, Division 1 - Chamber 1
    Judge
    Perie
    Judge
    Guihal
    Judge
    Dallery
    Other
    Institutional administrator
    Pate

    Authorities cited

    1
    • French Code of Civil Procedure
      statute

Matter record

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BOTAS Petroleum Pipeline Corporation v Societe Tepe Insaat Sanayii A.S. (Paris Court of Appeal 09/15742) · Matter