Matter
Commercial Caribbean Niquel SA v Overseas Mining Investments Ltd
- 10 October 2008Arbitration
10 October 2008Arbitration
Final Arbitral Award rendered in Paris on 10 October 2008
- Decision summary
- The tribunal found that CCN breached the parties' cooperation agreement, awarded OMI USD 45,786,004.46 after set-off, and ordered CCN to pay specified legal and arbitration costs and interest. It rejected CCN's counterclaim and other relief not expressly granted.
Supporting details
5 participantsCommercial Caribbean Niquel SA
Overseas Mining Investments Ltd
Institution
- Arbitrator
- [M] [C] [K]
- Arbitrator
- [N] [G]
- Arbitrator
- [J] [H] [T] [E]
1 year, 5 months and 15 days later · 531 days
- 25 March 2010France
25 March 2010France
Judgment of the Paris Court of Appeal, Pôle 1, Chamber 1, in case 08/23901 dated 25 March 2010
Paris Court of Appeal, Pôle 1, Chamber 1
- Decision summary
- The court annulled the 10 October 2008 arbitral award because the tribunal substituted compensation for loss of chance for the loss-of-profit compensation claimed by OMI without inviting the parties to address that new basis, violating the principle of adversarial proceedings. It ordered Overseas Mining Investments Ltd to pay Commercial Caribbean Niquel SA EUR 80,000 under Article 700 of the French Code of Civil Procedure and the costs.
Supporting details
1 authority · 11 participantsCommercial Caribbean Niquel SA
- Representative
- Z U (For: Commercial Caribbean Niquel SA)
- Representative
- SCP Duboscq-Pellerin (For: Commercial Caribbean Niquel SA)
Overseas Mining Investments Ltd
- Representative
- SCP Fisselier-Chiloux-Boulay (For: Overseas Mining Investments Ltd)
- Representative
- Louis-Christophe Delanoy (For: Overseas Mining Investments Ltd)
- Representative
- Bredin Prat AARPI (For: Overseas Mining Investments Ltd)
Paris Court of Appeal, Pôle 1, Chamber 1
Other
- Institutional administrator
- Raymonde Faligand