Arbitral Digest

Matter

State of Iraq v Heerema Zwijndrecht (French Court of Cassation No. 409 FS-P+B)

  1. 23 June 2016France

    23 June 2016France

    Judgment of the Aix-en-Provence Court of Appeal dated 23 June 2016

    Aix-en-Provence Court of Appeal

    Decision summary
    The Aix-en-Provence Court of Appeal confirmed the Grasse Regional Court order rejecting Iraq's territorial-jurisdiction objection and held that the French courts could hear Heerema Zwijndrecht's action concerning ownership of an immovable property in France.

    Supporting details

    3 authorities · 2 participants
    State of Iraq
    Heerema Zwijndrecht
    Aix-en-Provence Court of Appeal

    Authorities cited

    3
    • Lugano Convention of 30 October 2007 (Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Lugano, 30 October 2007)
      treaty
    • French Code of Civil Procedure
      statute
    • United Nations Security Council Resolution 1483 of 22 May 2003
      resolution

    1 year, 9 months and 19 days later · 657 days

  2. 11 April 2018France

    11 April 2018France

    Judgment of the French Court of Cassation, First Civil Chamber in the case No. C 16-24.653 dated 11 April 2018

    French Court of Cassation, First Civil Chamber

    Citation
    Judgment No. 409 FS-P+B; appeal No. C 16-24.653
    Decision summary
    The French Court of Cassation rejected the State of Iraq's appeal and upheld French jurisdiction over Heerema Zwijndrecht's action seeking a declaration that Iraq was the true owner of an immovable property in France. It ordered Iraq to pay Heerema Zwijndrecht EUR 3,500 under article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    3 authorities · 20 participants
    State of Iraq
    Representative
    SCP Thouin-Palat et Boucard (For: State of Iraq)
    Heerema Zwijndrecht
    Representative
    SCP Baraduc, Duhamel et Rameix (For: Heerema Zwijndrecht)
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Wallon
    Judge
    Hascher
    Judge
    Reynis
    Judge
    Reygner
    Judge
    Vigneau
    Judge
    Bozzi
    Judge
    Auroy
    Judge
    Roth
    Judge
    Azar
    Advocate General
    Caron-Deglise
    Other
    Institutional administrator
    Pecquenard

    Authorities cited

    3
    • Lugano Convention of 30 October 2007 (Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Lugano, 30 October 2007)
      treaty
    • French Code of Civil Procedure
      statute
    • United Nations Security Council Resolution 1483 of 22 May 2003
      resolution
  3. Date not availableNetherlands

    Date not availableNetherlands

    Judgment of the Hague Court of Appeal concerning Heerema Zwijndrecht, the State of Iraq and Central Bank of Iraq

    The Hague Court of Appeal

    Decision summary
    The Hague Court of Appeal jointly ordered the State of Iraq and Central Bank of Iraq, with provisional enforcement, to pay a sum to Heerema Zwijndrecht.

    Supporting details

    3 participants
    State of Iraq
    Central Bank of Iraq
    Heerema Zwijndrecht
    The Hague Court of Appeal
  4. Date not availableFrance

    Date not availableFrance

    Order of the Grasse Regional Court concerning the State of Iraq and Heerema Zwijndrecht

    Grasse Regional Court

    Decision summary
    The Grasse Regional Court rejected Iraq's territorial-jurisdiction objection in favor of the Swiss courts in Heerema Zwijndrecht's action seeking a declaration that Iraq was the true owner of an immovable property in France.

    Supporting details

    2 participants
    State of Iraq
    Heerema Zwijndrecht
    Grasse Regional Court

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State of Iraq v Heerema Zwijndrecht (French Court of Cassation No. 409 FS-P+B) · Matter