Matter
S.A.S. FIBRE EXCELLENCE v S.A.S. TEMBEC
French proceedings concerning Fibre Excellence’s application to set aside an arbitral award and related exequatur relief.
Procedural record
- 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.
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
- 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
- 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
- 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.
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
- Judge
- Monsieur ACQUAVIVA
- Judge
- Madame GUIHAL
- Judge
- Madame DALLERY
Other
- Institutional administrator
- Madame PATE