Arbitral Digest

Matter

Government of the Republic of Iraq v M.A.N. and Thyssenkrupp (Paris Court of Appeal 13/12002)

  1. 26 February 2007Arbitration

    26 February 2007Arbitration

    Arbitral Award rendered in Paris on 26 February 2007

    International Chamber of Commerce

    Decision summary
    The arbitral tribunal declared itself competent, recognized the parties' standing to act and defend in the arbitration, and ordered the Republic of Iraq to pay EUR 6,374,959.51 and IQD 406,329.51, with interest and USD 300,000 in arbitration costs.

    Supporting details

    7 participants
    Government of the Republic of Iraq
    M.A.N.
    Thyssenkrupp
    International Chamber of Commerce
    Arbitrator
    [W]
    Arbitrator
    [O]
    Arbitrator
    [A]
    Institutional administrator
    International Chamber of Commerce

    9 years, 8 months and 13 days later · 3543 days

  2. 8 November 2016France

    8 November 2016France

    Judgment of the Paris Court of Appeal in case 13/12002 dated 8 November 2016

    Paris Court of Appeal

    Case no.
    13/12002
    Decision summary
    The Paris Court of Appeal annulled the arbitral award rendered in Paris on 26 February 2007. It held that Iraq had been placed at a substantial disadvantage in presenting its defence, violating equality of arms and the adversarial principle protected by international public policy. The court ordered M.A.N. and Thyssenkrupp to pay Iraq EUR 60,000 under Article 700 of the French Code of Civil Procedure and the costs, and rejected the companies' reciprocal Article 700 claim.

    Supporting details

    1 authority · 12 participants
    Government of the Republic of Iraq
    Representative
    Ministry of Housing and Construction (For: Government of the Republic of Iraq)
    Representative
    Alain Fisselier (For: Government of the Republic of Iraq)
    Representative
    Jean Rouche (For: Government of the Republic of Iraq)
    M.A.N.
    Representative
    René Lagarde (For: M.A.N. · Thyssenkrupp)
    Representative
    Michael Brosemer (For: M.A.N. · Thyssenkrupp)
    Thyssenkrupp
    Representative
    René Lagarde (For: M.A.N. · Thyssenkrupp)
    Representative
    Michael Brosemer (For: M.A.N. · Thyssenkrupp)
    Paris Court of Appeal
    Judge
    Salvary
    Judge
    Mulliez
    Other
    Institutional administrator
    Mélanie Pate

    Authorities cited

    1
    • French Code of Civil Procedure
      statute

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Government of the Republic of Iraq v M.A.N. and Thyssenkrupp (Paris Court of Appeal 13/12002) · Matter