Arbitral Digest

Matter

Mr. [C] [I] v [G] Capital (Paris Court of Appeal RG 23/01618)

Case no.
26407/AZO/SP
Seat
France
  1. 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 participants
    Mr. [C] [I]
    [G] Capital
    International Court of Arbitration of the International Chamber of Commerce

    2 years, 6 months and 11 days later · 923 days

  2. 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

    Case no.
    RG 23/01618
    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 participants
    Mr. [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
    Other
    Court Reporter
    Najma EL FARISSI

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • CA Paris, 12 December 2001, No. 2000/01946
      case-law

Matter record

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Mr. [C] [I] v [G] Capital (Paris Court of Appeal RG 23/01618) · Matter