Arbitral Digest

Matter

Dutco Construction Co. v BKMI Industrieanlagen GmbH and Siemens AG

ICC arbitration involving Dutco, BKMI and Siemens over an Oman cement-plant consortium, followed by French proceedings on the constitution of the tribunal.

  • Setting aside arbitral awards

Aliases: Dutco v BKMI and Siemens

Case no.
ICC Case No. 5836/MB
Seat
France
Applicable rules
International Chamber of Commerce Rules of Conciliation and Arbitration (1975)
Commencement year
1986

Procedural record

  1. 19 May 1988France

    19 May 1988France

    Interim Award on Jurisdiction of the ICC Tribunal dated 19 May 1988

    International Chamber of Commerce Court of Arbitration

    Award no.
    ICC Case No. 5836/MB
    Decision summary
    The tribunal held that the arbitration had been regularly instituted as a multipartite proceeding against BKMI and Siemens and that the three-member tribunal had been regularly constituted.

    Participants

    Dutco Construction Company (Pvt.) Ltd.
    BKMI Industrieanlagen GmbH
    Siemens AG
    International Chamber of Commerce Court of Arbitration

    Authorities cited

    4
    • International Chamber of Commerce Rules of Conciliation and Arbitration (1975) (ICC Rules of Conciliation and Arbitration (1975), Article 2(4))
      rules
    • French Code of Civil Procedure, Article 1502(2)
      statute
    • French Code of Civil Procedure, Article 1504
      statute
    • French Civil Code, Article 6
      statute

    11 months and 16 days later · 351 days

  2. 5 May 1989France

    5 May 1989France

    Judgment of the Paris Court of Appeal in case 88-14089 dated 5 May 1989

    Paris Court of Appeal, First Chamber, Section C

    Case no.
    88-14089
    Decision summary
    The Paris Court of Appeal rejected BKMI's and Siemens's applications to annul the 19 May 1988 interim award and upheld the multipartite tribunal's constitution.

    Participants

    BKMI Industrieanlagen GmbH
    Siemens AG
    Dutco Construction Company (Pvt.) Ltd.
    Paris Court of Appeal, First Chamber, Section C

    Authorities cited

    1
    • International Chamber of Commerce Rules of Conciliation and Arbitration (1975) (ICC Rules of Conciliation and Arbitration (1975), Article 2(4))
      rules

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

  3. 7 January 1992France

    7 January 1992France

    Judgment of the French Court of Cassation in appeals 89-18.708 and 89-18.726 dated 7 January 1992

    French Court of Cassation, First Civil Chamber

    Case no.
    89-18.708 and 89-18.726
    Decision summary
    The French Court of Cassation quashed the Paris Court of Appeal judgment, held that equality of the parties in appointing arbitrators is a matter of public policy that can be waived only after a dispute arises, and remitted the case to the Versailles Court of Appeal.

    Participants

    BKMI Industrieanlagen GmbH
    Siemens AG
    Dutco Construction Company (Pvt.) Ltd.
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • French Code of Civil Procedure, Article 1502(2)
      statute
    • French Code of Civil Procedure, Article 1504
      statute
    • French Civil Code, Article 6
      statute

Matter record

Report a correction

Dutco Construction Co. v BKMI Industrieanlagen GmbH and Siemens AG · Matter