Arbitral Digest

Matter

Chaudronnerie mécanique ariégeoise (CMA) v Adjor Sofal Nemoneh Pars (ASNP) (Paris Court of Appeal case 09/22247)

Case no.
CCI 15483/EC/ND
Applicable rules
ICC Rules of Arbitration
  1. 14 August 2009Arbitration

    14 August 2009Arbitration

    ICC arbitral award rendered in Paris on 14 August 2009

    International Court of Arbitration of the ICC

    Decision summary
    The sole arbitrator terminated the 24 November 2000 contract for CMA's exclusive fault and ordered CMA to pay ASNP €2,111,925.74, €96,541.33 for legal fees and expenses, and USD 57,000 toward the advance on arbitration costs, with statutory interest on the principal amount until payment.

    Supporting details

    4 participants
    Chaudronnerie mécanique ariégeoise (CMA)
    Adjor Sofal Nemoneh Pars (ASNP)
    International Court of Arbitration of the ICC
    Arbitrator
    [H] [N]

    1 month and 14 days later · 45 days

  2. 28 September 2009France

    28 September 2009France

    Enforcement order of the Paris Regional Court dated 28 September 2009

    Paris Regional Court

    Decision summary
    The Paris Regional Court made the ICC arbitral award of 14 August 2009 enforceable.

    8 months and 6 days later · 248 days

  3. 3 June 2010France

    3 June 2010France

    Judgment of the Paris Court of Appeal in case 09/22247 dated 3 June 2010

    Paris Court of Appeal

    Case no.
    09/22247
    Decision summary
    The Paris Court of Appeal rejected CMA's action to set aside the ICC award and the request to annul the enforcement order. It held that the arbitrator stayed within the mission defined by the parties' dispute, including the SBF process, and that excluding CMA's late observations did not breach the adversarial principle. CMA was ordered to pay ASNP €15,000 under article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    1 authority · 14 participants
    Chaudronnerie mécanique ariégeoise (CMA)
    Representative
    SCP Bernabe - Chardin - Cheviller (For: Chaudronnerie mécanique ariégeoise (CMA))
    Representative
    Hubert Moreau (For: Chaudronnerie mécanique ariégeoise (CMA))
    Adjor Sofal Nemoneh Pars (ASNP)
    Representative
    [B] [R] (For: Adjor Sofal Nemoneh Pars (ASNP))
    Representative
    SCP Fisselier - Chiloux - Boulay (For: Adjor Sofal Nemoneh Pars (ASNP))
    Representative
    Marie-Pia Hutin (For: Adjor Sofal Nemoneh Pars (ASNP))
    Paris Court of Appeal
    Judge
    Badie
    Judge
    Guihal
    Advocate General
    Rouchereau
    Other
    Arbitrator
    [H] [N]
    Court Reporter
    Raymonde Faligand
    Witness
    [D]

    Authorities cited

    1
    • French Code of Civil Procedure
      statute

    2 years and 17 days later · 748 days

  4. 20 June 2012France

    20 June 2012France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 20 June 2012

    French Court of Cassation, First Civil Chamber

    Decision summary
    The French Court of Cassation rejected CMA's appeal and upheld the Paris Court of Appeal's refusal to set aside the ICC award. It confirmed that the arbitrator's mission was defined principally by the subject matter of the dispute and that the procedure remained adversarial when the parties had agreed to file one submission and had not agreed to a reply to the final briefs. CMA was ordered to pay the costs; the requests under article 700 of the French Code of Civil Procedure were rejected.

    Supporting details

    1 authority · 3 participants
    Chaudronnerie mécanique ariégeoise (CMA)
    Representative
    Jacoupy (For: Chaudronnerie mécanique ariégeoise (CMA))
    Adjor Sofal Nemoneh Pars (ASNP)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    1
    • French Code of Civil Procedure
      statute

Matter record

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Chaudronnerie mécanique ariégeoise (CMA) v Adjor Sofal Nemoneh Pars (ASNP) (Paris Court of Appeal case 09/22247) · Matter