Grenwich Enterprises Ltd v Idemia France SAS (Paris Court of Appeal RG 18/16695)

Procedural record

1. 31 May 2018France

   31 May 2018France

   Final ICC Arbitration Award in ICC Case No. 2384/DDA dated 31 May 2018

   International Chamber of Commerce

   Award no.

   ICC Case No. 2384/DDA

   Decision summary

   The sole arbitrator held that Idemia had legitimately terminated the brokerage agreement, rejected Grenwich's claims for loss of chance, loss of opportunity, and moral, commercial, and reputational harm, rejected Idemia's moral-damages claim, allocated the respondent's ICC arbitration costs to Grenwich including USD 64,219, and directed each party to bear its own legal costs.

   Participants

   Grenwich Enterprises Ltd

   Idemia France SAS

   International Chamber of Commerce

   Arbitrator

   [G] [L]

   2 years, 8 months and 16 days later · 992 days

2. 16 February 2021France

   16 February 2021France

   Judgment of the Paris Court of Appeal in the case RG 18/16695 dated 16 February 2021

   Paris Court of Appeal

   Case no.

   RG 18/16695

   Citation

   Paris Court of Appeal, Pôle 5 - Chambre 16, RG 18/16695, 16 February 2021

   Decision summary

   The Paris Court of Appeal declared Grenwich's challenge based on breach of the adversarial principle inadmissible, held its challenge based on the arbitrator's lack of independence and impartiality unfounded, and rejected the action to set aside the ICC award. It ordered Grenwich to pay Idemia EUR 20,000 under Article 700 of the French Code of Civil Procedure and to bear the costs.

   Participants

   Application

   Application to set aside the ICC final award in ICC Case No. 2384/DDA — Rejected

   Grenwich Enterprises Ltd

   Representative

   Carol Saba (For: Grenwich Enterprises Ltd)

   Idemia France SAS

   Representative

   Pascale Flauraud (For: Idemia France SAS)

   Representative

   Catherine Ottaway (For: Idemia France SAS)

   Paris Court of Appeal

   Judge

   François Ancel

   Judge

   Fabienne Schaller

   Judge

   Laure Aldebert

   Other

   Institutional administrator

   Clémentine Glemet

   Witness

   [K]

   Witness

   [R] [N]

   Authorities cited

   2

   • European Convention on Human Rights
     treaty
   • French Code of Civil Procedure
     statute