Matter
Mr. [C] [I] v [G] Capital (Paris Court of Appeal RG 23/01618)
- 16 November 2022France
16 November 2022France
ICC Arbitral Award in Case No. 26407/AZO/SP dated 16 November 2022
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The tribunal upheld the validity of the arbitration clause and its jurisdiction over the dispute between Mr. [C] [I] and [G] Capital, partially annulled the transfer of 6,647,504 UNIMED shares, declined jurisdiction to order Premium Holding SA to retransfer the shares, ordered Mr. [C] [I] to pay the stated arbitration costs, and rejected the remaining claims.
Supporting details
3 participantsMr. [C] [I]
[G] Capital
International Court of Arbitration of the International Chamber of Commerce
- Institutional administrator
- International Court of Arbitration of the International Chamber of Commerce
2 years, 6 months and 11 days later · 923 days
- 27 May 2025France
27 May 2025France
Judgment of the Paris Court of Appeal, International Commercial Chamber, Division 5 Chamber 16 in case RG 23/01618 dated 27 May 2025
Paris Court of Appeal, International Commercial Chamber, Division 5 Chamber 16
- Decision summary
- The Paris Court of Appeal held that Mr. [C] [I] was entitled to bring the set-aside application and annulled the ICC award dated 16 November 2022 under Article 1520(4) of the French Code of Civil Procedure. It found that the arbitral tribunal had decided its personal jurisdiction concerning Premium Holding without first inviting the parties to debate that issue, thereby violating the adversarial principle, and ordered [G] Capital to pay the costs and EUR 50,000 under Article 700.
Supporting details
2 authorities · 14 participantsMr. [C] [I]
- Representative
- Luca DE MARIA (For: Mr. [C] [I])
- Representative
- Pellerin - De Maria - Guerre (For: Mr. [C] [I])
- Representative
- Marie-Aude ZIADE (For: Mr. [C] [I])
- Representative
- Gowling WLG (France) (For: Mr. [C] [I])
[G] Capital
- Representative
- Matthieu BOCCON GIBOD (For: [G] Capital)
- Representative
- LX Paris-Versailles-Reims (For: [G] Capital)
- Representative
- Christophe SERAGLINI (For: [G] Capital)
- Representative
- Freshfields (For: [G] Capital)
Paris Court of Appeal, International Commercial Chamber, Division 5 Chamber 16
- Judge
- Daniel BARLOW
- Judge
- Jacques LE VAILLANT
- Judge
- Joanna GHORAYEB
Other
- Court Reporter
- Najma EL FARISSI