Arbitral Digest

Matter

CNAN GROUP SPA and INTERNATIONAL BULK CARRIER SPA v CTI GROUP, [E] COMMERCIAL INVESTMENT GROUP LIMITED and Monsieur [P] [R] [V] (Paris Court of Appeal 13/09748)

Applicable rules
ICC Arbitration Rules
  1. 13 September 2011Arbitration

    13 September 2011Arbitration

    ICC decision of 13 September 2011 on recusal of Monsieur [Q]

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The ICC rejected the recusal application concerning arbitrator Monsieur [Q].

    Supporting details

    1 participant
    International Court of Arbitration of the International Chamber of Commerce
    Arbitrator
    Monsieur [Q]

    4 months and 20 days later · 142 days

  2. 2 February 2012Arbitration

    2 February 2012Arbitration

    ICC decision of 2 February 2012 on recusal of Monsieur [Q]

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The ICC rejected the recusal application concerning arbitrator Monsieur [Q].

    Supporting details

    1 participant
    International Court of Arbitration of the International Chamber of Commerce
    Arbitrator
    Monsieur [Q]

    1 year, 2 months and 14 days later · 439 days

  3. 16 April 2013Arbitration

    16 April 2013Arbitration

    Arbitral Award issued in Paris on 16 April 2013

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The tribunal found that it had jurisdiction over IBC, resolved the loan agreement for IBC's breach, ordered IBC to repay CTI and [E] more than USD 7 million in principal plus interest, terminated the share-sale agreement, ordered CNAN to receive the shares against payment of USD 2,550,000, and divided the arbitration costs between the parties.

    Supporting details

    8 participants
    [E] COMMERCIAL INVESTMENT GROUP LIMITED
    CTI GROUP INC.
    CNAN GROUP SPA
    INTERNATIONAL BULK CARRIER SPA (IBC)
    Monsieur [P] [R] [V]
    International Court of Arbitration of the International Chamber of Commerce
    Arbitrator
    Monsieur [Q]
    Arbitrator
    Monsieur [H]
    Arbitrator
    Monsieur [W]

    1 year, 2 months and 25 days later · 451 days

  4. 11 July 2014France

    11 July 2014France

    Order of the delegate of the First President of the Paris Court of Appeal dated 11 July 2014

    Delegate of the First President of the Paris Court of Appeal

    Decision summary
    The delegate of the First President of the Paris Court of Appeal declined jurisdiction over CNAN and IBC's request to stay enforcement of the award in favour of the case-management judge and ordered CNAN and IBC jointly to pay EUR 5,000 each to [E] and CTI under article 700 of the French Code of Civil Procedure.

    2 months and 4 days later · 66 days

  5. 15 September 2014France

    15 September 2014France

    Order of the case-management judge of the Paris Court of Appeal dated 15 September 2014

    Case-management judge, Paris Court of Appeal, Pôle 1 - Chambre 1

    Decision summary
    The case-management judge rejected the request to stay enforcement of the 16 April 2013 award, held the order inopposable to Monsieur [V], rejected the remaining requests, and ordered CNAN and IBC jointly to pay costs and EUR 5,000 each to [E] and CTI under article 700 of the French Code of Civil Procedure.

    2 months and 12 days later · 73 days

  6. 27 November 2014France

    27 November 2014France

    Judgment of the French Court of Cassation dated 27 November 2014 on the application for transfer for reasonable suspicion

    French Court of Cassation

    Decision summary
    The French Court of Cassation rejected the application by CNAN and IBC for transfer of the pending proceedings for reasonable suspicion concerning two judges of the Paris Court of Appeal's Pôle 1 - Chambre 1.

    6 months and 27 days later · 208 days

  7. 23 June 2015France

    23 June 2015France

    Judgment of the Paris Court of Appeal in case 13/09748 dated 23 June 2015

    Paris Court of Appeal, Pôle 1 - Chambre 1

    Case no.
    13/09748
    Decision summary
    The Paris Court of Appeal rejected CNAN and IBC's application to set aside the 16 April 2013 ICC award. It held that the tribunal was regularly constituted, had jurisdiction over IBC, respected the adversarial principle and its mission, and ordered CNAN and IBC jointly to pay costs and EUR 120,000 to each of CTI and [E] under article 700 of the French Code of Civil Procedure.

    Supporting details

    5 authorities · 16 participants
    CNAN GROUP SPA
    Representative
    Frédéric LALLEMENT (For: CNAN GROUP SPA · INTERNATIONAL BULK CARRIER SPA (IBC))
    Representative
    Bachir HADJ HAMOU (For: CNAN GROUP SPA · INTERNATIONAL BULK CARRIER SPA (IBC))
    INTERNATIONAL BULK CARRIER SPA (IBC)
    Representative
    Frédéric LALLEMENT (For: CNAN GROUP SPA · INTERNATIONAL BULK CARRIER SPA (IBC))
    Representative
    Bachir HADJ HAMOU (For: CNAN GROUP SPA · INTERNATIONAL BULK CARRIER SPA (IBC))
    [E] COMMERCIAL INVESTMENT GROUP LIMITED
    Representative
    Charles-Hubert OLIVIER (For: [E] COMMERCIAL INVESTMENT GROUP LIMITED)
    Representative
    Jean-François BOUCLY (For: [E] COMMERCIAL INVESTMENT GROUP LIMITED)
    CTI GROUP INC.
    Representative
    Luca DE MARIA (For: CTI GROUP INC.)
    Representative
    Sébastian BONNARD (For: CTI GROUP INC.)
    Representative
    Hervé LE LAY (For: CTI GROUP INC.)
    Monsieur [P] [R] [V]
    Paris Court of Appeal, Pôle 1 - Chambre 1
    Judge
    GUIHAL
    Judge
    DALLERY
    Other
    Court Reporter
    PATE

    Authorities cited

    5
    • French Code of Civil Procedure
      statute
    • Algerian Civil Code
      statute
    • Algerian Code of Civil and Administrative Procedure
      statute
    • ICC Arbitration Rules
      arbitration rules
    • ICC Rules
      arbitration rules

Matter record

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CNAN GROUP SPA and INTERNATIONAL BULK CARRIER SPA v CTI GROUP, [E] COMMERCIAL INVESTMENT GROUP LIMITED and Monsieur [P] [R] [V] (Paris Court of Appeal 13/09748) · Matter