Arbitral Digest

Matter

Dutco Construction v BKMI and Siemens (French Court of Cassation, joined appeals nos. 89-18.708 and 89-18.726)

Dutco, BKMI and Siemens’ arbitration over a cement-plant consortium in Oman, with French annulment proceedings on the parties’ appointment of arbitrators.

  • Setting aside arbitral awards
Industry type
Manufacturing
Applicable rules
ICC Arbitration Rules

Procedural record

  1. 5 May 1989France

    5 May 1989France

    Judgment of the Paris Court of Appeal dated 5 May 1989

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal rejected the annulment actions brought by BKMI and Siemens against the arbitral award, holding that the multipartite arbitration agreement permitted a single three-member tribunal to determine the dispute involving all three parties.

    Participants

    Dutco Construction
    BKMI
    Siemens
    Paris Court of Appeal

    2 years, 8 months and 2 days later · 977 days

  2. 7 January 1992France

    7 January 1992France

    Judgment of the French Court of Cassation on joined appeals nos. 89-18.708 and 89-18.726 dated 7 January 1992

    French Court of Cassation

    Case no.
    89-18.708 and 89-18.726
    Decision summary
    The French Court of Cassation quashed in all respects the Paris Court of Appeal judgment of 5 May 1989, holding that equality of the parties in appointing arbitrators is a matter of public policy and that the parties could not waive that principle before the dispute arose. The case was remitted to the Versailles Court of Appeal.

    Participants

    Dutco Construction
    BKMI
    Siemens
    French Court of Cassation

    Authorities cited

    3
    • French New Code of Civil Procedure, Article 1502
      statute
    • French New Code of Civil Procedure, Article 1504
      statute
    • French Civil Code, Article 6
      statute
  3. Date not availableArbitration

    Date not availableArbitration

    Arbitral award in Dutco Construction v BKMI and Siemens

    International Chamber of Commerce

    Participants

    Dutco Construction
    BKMI
    Siemens
    International Chamber of Commerce
  4. Date not availableArbitration

    Date not availableArbitration

    Arbitral tribunal constitution and procedure decision

    International Chamber of Commerce

    Decision summary
    The arbitral tribunal held that it was properly constituted and that the arbitration should proceed in multipartite form against both defendants.

    Participants

    Dutco Construction
    BKMI
    Siemens
    International Chamber of Commerce

Matter record

Report a correction

Dutco Construction v BKMI and Siemens (French Court of Cassation, joined appeals nos. 89-18.708 and 89-18.726) · Matter