Arbitral Digest

Matter

S.A.S. FIBRE EXCELLENCE v S.A.S. TEMBEC

Applicable rules
ICC Arbitration Rules 1998
  1. 16 May 2013Arbitration

    16 May 2013Arbitration

    ICC Arbitral Award dated 16 May 2013

    International Chamber of Commerce

    Decision summary
    The tribunal held that it was not competent to determine the net working capital, which the contract assigned to an independent expert; it ordered the parties to resume the independent expert process and rejected the remaining claims, including the claim that Tembec had committed fraud or an intentional misrepresentation.

    Supporting details

    5 participants
    S.A.S. FIBRE EXCELLENCE
    S.A.S. TEMBEC
    International Chamber of Commerce
    Arbitrator
    [Z]
    Arbitrator
    [N]
    Arbitrator
    [S]

    2 months and 27 days later · 88 days

  2. 12 August 2013France

    12 August 2013France

    Order of the President of the Paris Tribunal de grande instance dated 12 August 2013

    Paris Tribunal de grande instance

    Decision summary
    The President of the Paris Tribunal de grande instance granted exequatur to the ICC arbitral award dated 16 May 2013.

    1 year, 3 months and 20 days later · 477 days

  3. 2 December 2014France

    2 December 2014France

    Judgment of the Paris Court of Appeal, Division 1 - Chamber 1 in case 13/17555 dated 2 December 2014

    Paris Court of Appeal, Division 1 - Chamber 1

    Case no.
    13/17555
    Decision summary
    The Paris Court of Appeal rejected Fibre Excellence's application to set aside the 16 May 2013 ICC award, holding that Fibre Excellence had waived its objection to the tribunal's composition by not responding to the ICC Court's invitation to address continuation of the arbitration with the remaining arbitrators. The court rejected Tembec's claim for damages for abusive proceedings, ordered Fibre Excellence to pay the costs, and awarded Tembec EUR 75,000 under article 700 of the French Code of Civil Procedure.

    Supporting details

    1 authority · 13 participants
    S.A.S. FIBRE EXCELLENCE
    Representative
    Me Alain FISSELIER (For: S.A.S. FIBRE EXCELLENCE)
    Representative
    SCP AFG (For: S.A.S. FIBRE EXCELLENCE)
    Representative
    Me Stéphane PAGES (For: S.A.S. FIBRE EXCELLENCE)
    Representative
    Me Joël ALQUEZAN (For: S.A.S. FIBRE EXCELLENCE)
    S.A.S. TEMBEC
    Representative
    Me Jeanne BAECHLIN (For: S.A.S. TEMBEC)
    Representative
    SCP Jeanne BAECHLIN (For: S.A.S. TEMBEC)
    Representative
    Me Philippe HAMEAU (For: S.A.S. TEMBEC)
    Paris Court of Appeal, Division 1 - Chamber 1
    Other
    Institutional administrator
    Madame PATE

    Authorities cited

    1
    • French Code of Civil Procedure
      statute

Matter record

Report a correction

S.A.S. FIBRE EXCELLENCE v S.A.S. TEMBEC · Matter