Matter
IMAL S.R.L. v ARIAN SINA Inc. (Paris Court of Appeal RG 13/09465)
- 7 February 2013Arbitration
7 February 2013Arbitration
Final Arbitral Award issued in Paris on 7 February 2013
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The tribunal found IMAL partly in breach of its obligations to provide technical information and equipment, pay the contractor, and provide supervision, training and mechanical guarantees. It held IMAL responsible for 231 days of delay in commissioning the factory and awarded sums and interest to ARIAN. It also awarded IMAL sums concerning the Siempelkamp press, additional transport, supervision services and EUR/USD exchange-rate variations, rejected the remaining claims, and ruled on arbitration costs and fees.
Supporting details
6 participantsSociété IMAL S.R.L.
Société ARIAN SINA Inc.
International Court of Arbitration of the International Chamber of Commerce
- Arbitrator
- Henri Peter
- Arbitrator
- Thomas Clay
- Arbitrator
- Klaus Sachs
- Institutional administrator
- International Court of Arbitration of the International Chamber of Commerce
3 months and 30 days later · 119 days
- 6 June 2013Arbitration
6 June 2013Arbitration
Arbitral Tribunal Correction Order of 6 June 2013
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The arbitral tribunal granted IMAL's request to correct calculation errors and amended paragraph 751 of the final award.
Supporting details
5 participantsSociété IMAL S.R.L.
Société ARIAN SINA Inc.
International Court of Arbitration of the International Chamber of Commerce
- Arbitrator
- Henri Peter
- Arbitrator
- Thomas Clay
- Arbitrator
- Klaus Sachs
1 year, 5 months and 12 days later · 530 days
- 18 November 2014France
18 November 2014France
Judgment of the Paris Court of Appeal in case RG 13/09465 dated 18 November 2014
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal rejected IMAL's application to set aside the 7 February 2013 ICC arbitral award. It held that the tribunal had not violated the adversarial principle by applying the Swiss-law rules on non-performance and good faith without separately submitting its legal reasoning for comment. IMAL was ordered to pay ARIAN EUR 100,000 under Article 700 of the French Code of Civil Procedure and the costs of the proceedings.
Supporting details
3 authorities · 13 participantsSociété IMAL S.R.L.
- Representative
- Luca De Maria (For: Société IMAL S.R.L.)
- Representative
- SELARL Pellerin-De Maria-Guerre (For: Société IMAL S.R.L.)
- Representative
- Christophe von Krause (For: Société IMAL S.R.L.)
- Representative
- Angelica Andre (For: Société IMAL S.R.L.)
Société ARIAN SINA Inc.
- Representative
- Michel Guizard (For: Société ARIAN SINA Inc.)
- Representative
- SELARL Guizard et Associés (For: Société ARIAN SINA Inc.)
- Representative
- Bertrand Derains (For: Société ARIAN SINA Inc.)
Paris Court of Appeal
Other
- Court Reporter
- Pate