Matter
Government of the Republic of China v SAS Matra Défense (Paris Court of Appeal RG 18/20508)
- 11 January 2018Arbitration
11 January 2018Arbitration
Arbitral Award dated 11 January 2018
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The arbitral tribunal found that Matra Défense paid EUR 103,957,835.50 in commissions to [C] [H] in breach of clause 20 of the missile-sale contract. It ordered Matra Défense to repay ROCAF EUR 103,957,835.53, with six-month Euribor interest compounded annually from 29 October 2012 until payment in full, while recording Matra's reservation of a claim concerning any double compensation recovered in Switzerland.
Supporting details
2 participantsGovernment of the Republic of China acting through the Republic of China's Air Force (ROCAF)
SAS Matra Défense
International Court of Arbitration of the International Chamber of Commerce
25 days later · 25 days
- 5 February 2018France
5 February 2018France
Ex Parte Order of the President of the Paris Commercial Court dated 5 February 2018
President of the Paris Commercial Court
- Decision summary
- The President of the Paris Commercial Court authorized Matra Défense to consign EUR 103,957,835.50 with the Caisse des Dépôts et Consignations pending a final Swiss decision or agreement resolving the double-compensation dispute, and fixed the consignment at two years from its effective date.
Supporting details
2 participantsSAS Matra Défense
Government of the Republic of China acting for ROCAF
President of the Paris Commercial Court
6 months and 18 days later · 199 days
- 23 August 2018France
23 August 2018France
Inter Partes Order of the President of the Paris Commercial Court in case RG 18/8017029 dated 23 August 2018
President of the Paris Commercial Court
- Decision summary
- The President of the Paris Commercial Court refused to retract the 5 February 2018 order, dismissed the applications of the Government of the Republic of China acting for ROCAF, declined to award costs under article 700 of the French Code of Civil Procedure, and ordered the Government to pay the proceedings' costs.
Supporting details
2 participantsGovernment of the Republic of China acting for ROCAF
SAS Matra Défense
President of the Paris Commercial Court
10 months and 11 days later · 315 days
- 4 July 2019France
4 July 2019France
Judgment of the Paris Court of Appeal, Division 1 - Chamber 2, in case RG 18/20508 dated 4 July 2019
Paris Court of Appeal, Division 1 - Chamber 2
- Decision summary
- The Paris Court of Appeal confirmed in all respects the 23 August 2018 order refusing to retract the 5 February 2018 ex parte order and maintaining the consignment securing Matra Défense's potential recourse against double compensation. It ordered the Government of the Republic of China acting through ROCAF to bear the appeal costs and pay Matra Défense EUR 10,000 under article 700 of the French Code of Civil Procedure.
Supporting details
7 authorities · 12 participantsGovernment of the Republic of China acting through the Republic of China's Air Force (ROCAF)
- Representative
- Sylvie Kong Thong (For: Government of the Republic of China acting through the Republic of China's Air Force (ROCAF))
- Representative
- Xavier Nyssen (For: Government of the Republic of China acting through the Republic of China's Air Force (ROCAF))
SAS Matra Défense
- Representative
- Luca De Maria (For: SAS Matra Défense)
- Representative
- Pierre Duprey (For: SAS Matra Défense)
- Representative
- François de Berard (For: SAS Matra Défense)
Paris Court of Appeal, Division 1 - Chamber 2
- Judge
- Bernard Chevalier
- Judge
- Véronique Dellelis
- Judge
- Agnès Bodard-Hermant
Other
- Court Reporter
- Aymeric Pintiau
- Court Reporter
- Anais Schoepfer