Arbitral Digest

Matter

Enel v Inversiones Energeticas (INE) and CEL (French Court of Cassation, 16 September 2014)

Case no.
15888/JRF
  1. 30 May 2011Arbitration

    30 May 2011Arbitration

    ICC Award No. 15888/JRF dated 30 May 2011

    International Chamber of Commerce (ICC)

    Decision summary
    The arbitral award resolved the parties' dispute over the valuation of LaGeo shares and the implementation of the shareholders' agreement, and the French courts rejected the challenges to it.

    Supporting details

    2 authorities · 6 participants
    Enel
    Inversiones Energeticas (INE)
    CEL
    International Chamber of Commerce (ICC)
    Arbitrator
    M. X...
    Arbitrator
    M. Y...
    Arbitrator
    Jana

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute

    6 months and 21 days later · 205 days

  2. 21 December 2011Arbitration

    21 December 2011Arbitration

    Addendum to ICC Award No. 15888/JRF dated 21 December 2011

    International Chamber of Commerce (ICC)

    Decision summary
    The addendum formed part of the arbitral record challenged by INE and CEL, and the French courts rejected the challenge to it.

    Supporting details

    2 authorities · 6 participants
    Enel
    Inversiones Energeticas (INE)
    CEL
    International Chamber of Commerce (ICC)
    Arbitrator
    M. X...
    Arbitrator
    M. Y...
    Arbitrator
    Jana

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute

    2 years, 8 months and 26 days later · 1000 days

  3. 16 September 2014France

    16 September 2014France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 16 September 2014

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected INE and CEL's appeals against the Paris Court of Appeal judgment rejecting their applications to annul ICC Award No. 15888/JRF and its addendum. It held that the arbitral tribunal could value LaGeo's shares by their real value because that issue had been put into the debate and was based on LaGeo's accounting records, and ordered INE and CEL to pay costs and EUR 3,000 to Enel Produzione SPA and Green Power SPA.

    Supporting details

    2 authorities · 5 participants
    Inversiones Energeticas (INE)
    Representative
    SCP Ortscheidt, avocat aux Conseils (For: Inversiones Energeticas (INE) · CEL)
    CEL
    Representative
    SCP Ortscheidt, avocat aux Conseils (For: Inversiones Energeticas (INE) · CEL)
    Enel Produzione SPA
    Green Power SPA
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute

Matter record

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Enel v Inversiones Energeticas (INE) and CEL (French Court of Cassation, 16 September 2014) · Matter