Arbitral Digest

Matter

Republic of Equatorial Guinea v Orange Middle East and Africa (French Court of Cassation, First Civil Chamber, B 16-17.108)

Applicable rules
ICC Arbitration Rules
  1. 18 November 2013Arbitration

    18 November 2013Arbitration

    ICC arbitral tribunal Procedural Order No. 3 of 18 November 2013

    International Chamber of Commerce

    Decision summary
    The tribunal excluded late-produced materials and a submission that did not address the merits, in accordance with its procedural directions.

    Supporting details

    1 participant
    International Chamber of Commerce
    Arbitrator
    M. A... B...

    2 months and 6 days later · 67 days

  2. 24 January 2014Arbitration

    24 January 2014Arbitration

    ICC arbitral tribunal Procedural Order of 24 January 2014

    International Chamber of Commerce

    Supporting details

    1 participant
    International Chamber of Commerce
    Arbitrator
    M. A... B...

    1 month and 3 days later · 34 days

  3. 27 February 2014Arbitration

    27 February 2014Arbitration

    ICC Court of Arbitration decision rejecting the recusal application of the president of the arbitral tribunal, 27 February 2014

    International Chamber of Commerce

    Decision summary
    The ICC Court of Arbitration rejected Equatorial Guinea's recusal application concerning the president of the arbitral tribunal.

    Supporting details

    3 participants
    Republic of Equatorial Guinea
    International Chamber of Commerce
    Arbitrator
    M. A... B...

    4 months and 11 days later · 131 days

  4. 8 July 2014Arbitration

    8 July 2014Arbitration

    Arbitral award of 8 July 2014

    International Chamber of Commerce

    Supporting details

    5 participants
    Republic of Equatorial Guinea
    Orange Middle East and Africa
    International Chamber of Commerce
    Arbitrator
    M. A... B...
    Arbitrator
    M. Y...
    Arbitrator
    M. Z...

    2 years, 11 months and 7 days later · 1073 days

  5. 15 June 2017France

    15 June 2017France

    Judgment No. 746 FS-P+B of the French Court of Cassation, First Civil Chamber, in appeal B 16-17.108 dated 15 June 2017

    French Court of Cassation, First Civil Chamber

    Case no.
    B 16-17.108
    Citation
    No. 746 FS-P+B
    Decision summary
    The Court of Cassation rejected Equatorial Guinea's appeal and upheld dismissal of its action to annul the 8 July 2014 ICC arbitral award. It held that the challenge to the tribunal's constitution was waived and rejected the arguments that the tribunal exceeded its mission or breached the adversarial principle. It also ordered Equatorial Guinea to pay costs and EUR 3,000 to Orange Middle East and Africa under article 700 of the French Code of Civil Procedure.

    Supporting details

    6 authorities · 18 participants
    Republic of Equatorial Guinea
    Representative
    SCP Spinosi et Sureau (For: Republic of Equatorial Guinea)
    Orange Middle East and Africa
    Representative
    SCP Ortscheidt (For: Orange Middle East and Africa)
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Hascher
    Judge
    Matet
    Judge
    Reynis
    Judge
    Reygner
    Judge
    Vigneau
    Judge
    Bozzi
    Judge
    Auroy
    Judge
    Mansion
    Judge
    Roth
    Advocate General
    Valdès Boulouque
    Other
    Court Reporter
    Pecquenard

    Authorities cited

    6
    • French Code of Civil Procedure
      statute
    • Spanish Civil Code
      statute
    • OHADA Law
      statute
    • CEMAC Law
      statute
    • French Code of Judicial Organization
      statute
    • ICC Arbitration Rules
      arbitration rules

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Republic of Equatorial Guinea v Orange Middle East and Africa (French Court of Cassation, First Civil Chamber, B 16-17.108) · Matter