EURODIF and SOFIDIF v Islamic Republic of Iran (French Court of Cassation, 14 March 1984)

Procedural record

1. 24 October 1979France

   24 October 1979France

   Order of the President of the Paris Commercial Court dated 24 October 1979

   Paris Commercial Court

   Decision summary

   The President of the Paris Commercial Court authorized a conservatory seizure of sums held by the Iranian State and the French State for the benefit of the Commissariat à l'énergie atomique in connection with the 1975 loan.

   Participants

   Eurodif

   Sofidif

   Commissariat à l'énergie atomique (CEA)

   French State

   Paris Commercial Court

   2 years, 5 months and 28 days later · 910 days

2. 21 April 1982France

   21 April 1982France

   Judgment of the Paris Court of Appeal dated 21 April 1982

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal reversed the seizure order and ordered the conservatory seizure lifted.

   Participants

   Eurodif

   Sofidif

   Commissariat à l'énergie atomique (CEA)

   French State

   Paris Court of Appeal

   2 months and 21 days later · 82 days

3. 12 July 1982France

   12 July 1982France

   Judgment of the Paris Court of Appeal dated 12 July 1982

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal rejected the appeal and upheld the interim judge's conclusion that the court lacked jurisdiction to grant the requested provision while arbitration was pending.

   Participants

   Islamic Republic of Iran

   Commissariat à l'énergie atomique (CEA)

   French State

   Paris Court of Appeal

   1 year, 8 months and 2 days later · 611 days

4. 14 March 1984France

   14 March 1984France

   Judgment of the French Court of Cassation dated 14 March 1984

   French Court of Cassation

   Decision summary

   The Court of Cassation rejected the appeal against the Paris Court of Appeal's judgment. It held that, while the parties' arbitration was pending, the application for a provision could not be treated as a simple provisional or conservatory measure under Article 8(5) of the ICC Arbitration Rules.

   Participants

   Islamic Republic of Iran

   Commissariat à l'énergie atomique (CEA)

   French State

   French Court of Cassation

   Authorities cited

   5

   • ICC Arbitration Rules, Article 8(5)
     rules
   • French Law dated 16–24 August 1790, Article 13
     statute
   • French Decree of 16 Fructidor, Year III
     statute
   • French Civil Code, Articles 4 and 15
     statute
   • French New Code of Civil Procedure, Articles 809 and 810
     statute
5. Date not availableFrance

   Date not availableFrance

   Order of the President of the Paris Regional Court sitting in interim relief

   Paris Regional Court

   Decision summary

   The interim judge declared that the court lacked jurisdiction to grant the requested provision against the Commissariat à l'énergie atomique and the French State while arbitration was pending.

   Participants

   Islamic Republic of Iran

   Commissariat à l'énergie atomique (CEA)

   French State

   Paris Regional Court