Industrialexport-Import v General Establishment for Chemical Industries (GECI) and General X... Company (GFC) (French Court of Cassation, First Civil Chamber, 29 November 1994)

Procedural record

1. 29 November 1994France

   29 November 1994France

   Judgment of the Court of Cassation, First Civil Chamber, dated 29 November 1994

   Court of Cassation, First Civil Chamber

   Decision summary

   The court rejected Industrialexport-Import's appeal against the Paris Court of Appeal's dismissal of its actions to annul the arbitral tribunal's orders. It upheld the interpretation of the arbitration clause requiring constitution under the ICC Paris rules and providing for ad hoc arbitration, and ordered Industrialexport-Import to pay costs and 12,000 French francs under article 700 of the New Code of Civil Procedure.

   Participants

   Industrialexport-Import

   Representative

   Me Ryziger (For: Industrialexport-Import)

   General Establishment for Chemical Industries (GECI)

   Representative

   SCP Guiguet, Bachellier et Potier de La Varde (For: General Establishment for Chemical Industries (GECI) · General X... Company (GFC))

   General X... Company (GFC)

   Representative

   SCP Guiguet, Bachellier et Potier de La Varde (For: General Establishment for Chemical Industries (GECI) · General X... Company (GFC))

   Court of Cassation, First Civil Chamber

   Judge

   Grégoire

   Judge

   Lemontey

   Judge

   Renard-Payen

   Advocate General

   Gaunet

   Other

   Institutional administrator

   Collet

   Authorities cited

   3

   • French Code of Judicial Organization
     statute
   • ICC Arbitration Rules
     institutional rules
   • French New Code of Civil Procedure
     statute
2. Date not availableArbitration

   Date not availableArbitration

   Arbitral tribunal orders on constitution and arbitral procedure

   Decision summary

   The arbitral tribunal held that it was regularly constituted and that the arbitration was to proceed in ad hoc form.