Arbitral Digest

Matter

Cubic Defense Systems v Iran (ICC arbitration organisation contract)

Cubic Defense Systems’ arbitration with Iran, with French court proceedings on its contract with the ICC, award scrutiny and arbitrator independence.

International commercial arbitration

Applicable rules: ICC Arbitration Rules

15 September 1998France
15 September 1998France
Judgment of the Paris Court of Appeal dated 15 September 1998
Paris Court of Appeal
Decision summary
The Paris Court of Appeal held that Cubic Defense Systems' action to annul its contract with the International Chamber of Commerce for organising the arbitration was a relative-nullity claim subject to a five-year limitation period.
Participants
Cubic Defense Systems
Iran
Paris Court of Appeal
Mentioned in judgment
2 years, 5 months and 5 days later · 889 days
20 February 2001France
20 February 2001France
Decision of the French Court of Cassation in Cubic Defense Systems v Iran
French Court of Cassation
Decision summary
The French Court of Cassation dismissed Cubic Defense Systems' appeal, upholding the finding that its action to annul the contract for ICC arbitration organisation was time-barred and rejecting its challenges concerning arbitral independence, impartiality, and fair-trial guarantees.
Participants
Cubic Defense Systems
Iran
French Court of Cassation
Other
Institutional administrator
International Chamber of Commerce
Institutional administrator
International Court of Arbitration
Authorities cited
2
- French Civil Code
  statute
- European Convention on Human Rights
  treaty
Source