Arbitral Digest

Matter

MOCUPIA v INVEKO FRANCE arbitration concerning a fertilizer-manufacturing process licence

  1. 28 February 1980France

    28 February 1980France

    Judgment of the Paris Court of Appeal dated 28 February 1980

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal reversed the judgment annulling exequatur and declared the arbitral award enforceable. It held that, despite the terminology used by the arbitrators, their assessment of loss-of-chance compensation did not depart from legal rules.

    Supporting details

    2 participants
    MOCUPIA
    INVEKO FRANCE
    Paris Court of Appeal

    1 year, 7 months and 2 days later · 580 days

  2. 30 September 1981France

    30 September 1981France

    Judgment of the French Court of Cassation dated 30 September 1981

    French Court of Cassation

    Decision summary
    The French Court of Cassation dismissed INVEKO FRANCE's appeal against the Paris Court of Appeal judgment. It held that the arbitrators had not intended to disregard legal rules when assessing compensation for loss of a chance, notwithstanding their description of themselves as amiables compositeurs.

    Supporting details

    2 authorities · 2 participants
    INVEKO FRANCE
    MOCUPIA
    French Court of Cassation

    Authorities cited

    2
    • French Code of Civil Procedure, Article 1028(1)
      statute
    • New French Code of Civil Procedure, Article 628
      statute
  3. Date not availableArbitration

    Date not availableArbitration

    Arbitral award rendered by three arbitrators appointed by the International Chamber of Commerce

    International Chamber of Commerce

    Decision summary
    The arbitral tribunal ordered INVEKO FRANCE to pay MOCUPIA compensation for loss of the commercial opportunities contemplated by the contract.

    Supporting details

    2 participants
    MOCUPIA
    INVEKO FRANCE
    International Chamber of Commerce
  4. Date not availableFrance

    Date not availableFrance

    Judgment of the Tribunal de grande instance annulling the exequatur order

    Tribunal de grande instance

    Decision summary
    The Tribunal de grande instance annulled the order granting exequatur to the arbitral award, holding that the arbitrators had assumed amiable-compositeur powers and decided outside the terms of the arbitration agreement.

    Supporting details

    2 participants
    INVEKO FRANCE
    MOCUPIA
    Tribunal de grande instance

Matter record

Report a correction

MOCUPIA v INVEKO FRANCE arbitration concerning a fertilizer-manufacturing process licence · Matter