Matter
Egyptian Sponge Iron & Steel Co. S.A.E. v Danieli & C. Officine Meccaniche S.p.A. (ICC Arbitration No. 25237/DDA/AZO/SP)
- 6 September 2022Arbitration
6 September 2022Arbitration
Final arbitral award in ICC arbitration No. 25237/DDA/AZO/SP
International Chamber of Commerce
- Decision summary
- The tribunal rejected ESISCO's claims for breach of the French Civil Code's decennial warranty and breach of contract. It ordered ESISCO to pay Danieli EUR 1,658,895 plus interest, USD 413,500 for arbitration costs, and EUR 2,439,293, GBP 383,729.63 and USD 147,597.83 for legal and representation costs, and rejected the parties' other claims.
Supporting details
5 participantsEgyptian Sponge Iron & Steel Co. S.A.E.
Danieli & C. Officine Meccaniche S.p.A.
International Chamber of Commerce
- Arbitrator
- M. [N] [L]
- Arbitrator
- M. [W] [F]
- Arbitrator
- M. le Professeur [W] [U]
1 year, 2 months and 29 days later · 455 days
- 5 December 2023France
5 December 2023France
Judgment of the Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16 in case RG 22/20051 dated 5 December 2023
Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16
- Decision summary
- The court rejected ESISCO's application to annul the final ICC award. It held that the Egyptian criminal decisions and allegations concerning falsified performance certificates did not establish grave, precise and concordant evidence of corruption, and that the alleged procedural fraud had not surprised the arbitral tribunal. The challenge to the tribunal's constitution based on the president's alleged non-disclosure was inadmissible because ESISCO knew or should have known of the public information during the arbitration. ESISCO was ordered to pay Danieli EUR 50,000 under article 700 of the French Code of Civil Procedure and the costs.
Supporting details
7 authorities · 10 participants- Application
- Application to annul the final arbitral award dated 6 September 2022 — Rejected
Egyptian Sponge Iron & Steel Co. S.A.E.
- Representative
- Charley Hannoun (For: Egyptian Sponge Iron & Steel Co. S.A.E.)
Danieli & C. Officine Meccaniche S.p.A.
- Representative
- Benjamin Moisan (For: Danieli & C. Officine Meccaniche S.p.A.)
- Representative
- Jean-Yves Garaud (For: Danieli & C. Officine Meccaniche S.p.A.)
- Representative
- Guillaume de Rancourt (For: Danieli & C. Officine Meccaniche S.p.A.)
Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16
- Judge
- Daniel Barlow
- Judge
- Fabienne Schaller
- Judge
- Laure Aldebert
Other
- Court Reporter
- Najma El Farissi
2 years, 2 months and 6 days later · 799 days
- 11 February 2026France
11 February 2026France
Judgment of the French Court of Cassation, First Civil Chamber in appeal No. K 24-13.744 dated 11 February 2026
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation dismissed ESISCO's appeal against the Paris Court of Appeal's rejection of its annulment application. It held that ESISCO was deemed to have waived its objection to the arbitral president's alleged non-disclosure because the relevant information was public during the arbitration and known before the award, and that the appeal's other grounds could not lead to cassation. ESISCO was ordered to pay the costs and EUR 5,000 to Danieli under article 700 of the French Code of Civil Procedure.
Supporting details
6 authorities · 8 participants- Application
- Appeal in cassation against the Paris Court of Appeal judgment dated 5 December 2023 — Dismissed
Egyptian Sponge Iron & Steel Co. S.A.E.
- Representative
- SCP Lyon-Caen et Thiriez (For: Egyptian Sponge Iron & Steel Co. S.A.E.)
Danieli & C. Officine Meccaniche S.p.A.
- Representative
- SARL Ortscheidt (For: Danieli & C. Officine Meccaniche S.p.A.)
French Court of Cassation, First Civil Chamber
- Judge
- Champalaune
- Judge
- Tréard
- Judge
- Guihal
Other
- Court Reporter
- Vignes