Arbitral Digest

Matter

Georgia Corporation v Gavino Supplies (DIFC Courts ARB 005/2016)

Case no.
ICC Case No XXX
  1. 5 November 2014Arbitration

    5 November 2014Arbitration

    Final arbitral award dated 5 November 2014 in ICC Case No XXX

    International Chamber of Commerce (ICC)

    Decision summary
    The tribunal held that the termination was valid and awarded Georgia Corporation JPY 3,760,375,889 plus interest for its reliance expenditure under the contract. The award contemplated that any later double recovery from reuse or resale of the equipment would be accounted for after the award was satisfied, but made no order on that future issue.

    Supporting details

    2 participants
    Georgia Corporation
    Gavino Supplies
    International Chamber of Commerce (ICC)

    2 months and 22 days later · 83 days

  2. 27 January 2015Arbitration

    27 January 2015Arbitration

    Addendum to final arbitral award dated 27 January 2015 in ICC Case No XXX

    International Chamber of Commerce (ICC)

    Decision summary
    The addendum varied the award amount to JPY 3,715,272,550 and declined to enumerate the issues and future circumstances referred to in the final award.

    Supporting details

    2 participants
    Georgia Corporation
    Gavino Supplies
    International Chamber of Commerce (ICC)

    1 year, 8 months and 14 days later · 623 days

  3. 11 October 2016United Arab Emirates

    11 October 2016United Arab Emirates

    Judgment of the Dubai International Financial Centre Courts, Court of First Instance in the case ARB 005/2016 dated 11 October 2016

    Dubai International Financial Centre Courts, Court of First Instance

    Case no.
    ARB 005/2016
    Decision summary
    The Court dismissed Gavino Supplies’ applications for further information and a stay of the recognition and enforcement proceedings and refused a stay of execution. It recognised and enforced the final ICC award as amended, entered judgment for Georgia Corporation for JPY 3,715,272,550 plus interest, declined to require security or payment into court, and ordered Gavino Supplies to pay costs subject to liberty to apply.

    Supporting details

    16 authorities · 10 participants
    Application
    Defendant’s Application Notice ARB-005-2016/3 for further information — Dismissed
    Application
    Defendant’s Application Notice ARB-005-2016/2 for a stay — Dismissed
    Georgia Corporation
    Representative
    Yacine Francis (For: Georgia Corporation)
    Representative
    Allen & Overy (For: Georgia Corporation)
    Gavino Supplies
    Representative
    Tom Montagu-Smith (For: Gavino Supplies)
    Representative
    Al Tamimi & Co (For: Gavino Supplies)
    Dubai International Financial Centre Courts, Court of First Instance
    Other
    Institutional administrator
    Mark Beer
    Witness
    Mr S
    Witness
    Mr D

    Authorities cited

    16
    • DIFC Arbitration Law, Law No 1 of 2008
      statute
    • Rules of the DIFC Courts
      statute
    • Halsbury’s Laws of England, 5th ed., vol. 32, p. 457
      academic
    • Bradford & Bingley plc v Rashid ([2006] UKHL 37; (2006) 1 WLR 2066)
      case law
    • National Grid Electricity Transmission Plc v ABB Ltd ([2012] EWHC 869 (Ch))
      case law
    • Hall v Sevalco Ltd ([1996] PIQR 344)
      case law
    • Harris v Society of Lloyds ([2008] EWHC 1433 (Comm))
      case law
    • Workspace Management Limited v YJL London Limited ([2009] EWHC 2017 (TCC))
      case law
    • Far Eastern Shipping Co v Sovcomflot ((1995) 1 Lloyds Rep 520)
      case law
    • Continental Transfer Technique Ltd v The Federal Government of Nigeria ([2010] EWHC 780 (Comm))
      case law
    • H & CS Holdings Pte Ltd v RBEG Trading (UK) Ltd ([2015] EWHC 1665 (Comm))
      case law
    • Margulies Bros Ltd v Dafnis Thomaides & Co (UK) Limited ([1958] 1 Lloyds Rep 250)
      case law
    • Burnet v Francis Industries Plc ((1987) 1 WLR 802)
      case law
    • New York Convention
      treaty
    • Arbitration Act 1950
      statute
    • Russell on the Law of Arbitration, 16th ed.
      academic

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Georgia Corporation v Gavino Supplies (DIFC Courts ARB 005/2016) · Matter