Arbitral Digest

Matter

Imal SRL v [N] [X] Inc (French Court of Cassation N 15-12.744)

  1. 7 February 2013Arbitration

    7 February 2013Arbitration

    ICC Arbitral Award rendered in Paris on 7 February 2013

    International Chamber of Commerce

    Decision summary
    The tribunal held that Imal was in principle entitled to suspend its supervision obligations for non-payment, but that the suspension was unreasonable and disproportionate in the relevant periods under the Swiss principle of good faith.

    Supporting details

    2 authorities · 5 participants
    Imal SRL
    [N] [X] Inc
    International Chamber of Commerce
    Arbitrator
    [G] [C]
    Arbitrator
    [V] [E]
    Arbitrator
    Klaus Sachs

    Authorities cited

    2
    • Swiss Code of Obligations
      statute
    • Swiss Civil Code
      statute

    3 months and 30 days later · 119 days

  2. 6 June 2013Arbitration

    6 June 2013Arbitration

    Corrective ICC Award dated 6 June 2013

    International Chamber of Commerce

    Supporting details

    2 participants
    Imal SRL
    [N] [X] Inc
    International Chamber of Commerce

    1 year, 5 months and 12 days later · 530 days

  3. 18 November 2014France

    18 November 2014France

    Judgment of the Paris Court of Appeal dated 18 November 2014

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal dismissed Imal SRL's application to set aside the ICC Award rendered in Paris on 7 February 2013.

    Supporting details

    2 participants
    Imal SRL
    [N] [X] Inc
    Paris Court of Appeal

    2 years and 2 months later · 792 days

  4. 18 January 2017France

    18 January 2017France

    Judgment of the French Court of Cassation, First Civil Chamber in case N 15-12.744 dated 18 January 2017

    French Court of Cassation, First Civil Chamber

    Case no.
    N 15-12.744
    Citation
    Cass. 1re civ., 18 January 2017, No. 78 F-D, No. N 15-12.744
    Decision summary
    The French Court of Cassation dismissed Imal SRL's appeal against the refusal to set aside the ICC Award. It held that the arbitral tribunal had decided within the adversarial debate when applying Swiss good-faith and proportionality principles to Imal's suspension of supervision obligations.

    Supporting details

    3 authorities · 9 participants
    Imal SRL
    Representative
    SCP Ortscheidt (For: Imal SRL)
    [N] [X] Inc
    Representative
    SCP Foussard et Froger (For: [N] [X] Inc)
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Hascher
    Judge
    Matet
    Advocate General
    Bernard de La Gatinais
    Other
    Court Reporter
    Pecquenard

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • Swiss Code of Obligations
      statute
    • Swiss Civil Code
      statute

Matter record

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Imal SRL v [N] [X] Inc (French Court of Cassation N 15-12.744) · Matter