Arbitral Digest

Matter

ISTRA'IVANJE, INGRA and LANI'TE v Sudan (Paris Court of Appeal RG 23/09497)

Applicable rules
ICC Arbitration Rules
  1. 14 April 2020Arbitration

    14 April 2020Arbitration

    ICC Secretariat decision withdrawing the Geotehnika Ltd/LANI'TE claims

    International Chamber of Commerce

    Decision summary
    The ICC Secretariat withdrew the Geotehnika Ltd/LANI'TE arbitration claims after the required advance on arbitration costs was not fully paid.

    Supporting details

    3 participants
    Geotehnika Ltd
    LANI'TE DOO (LTD)
    International Chamber of Commerce
    Institutional administrator
    International Chamber of Commerce

    3 years, 1 month and 9 days later · 1134 days

  2. 23 May 2023France

    23 May 2023France

    Case-management order of the Paris Judicial Court dated 23 May 2023

    Paris Judicial Court

    Case no.
    RG 20/07239
    Decision summary
    The case-management judge declared the Paris Judicial Court incompetent to hear the Croatian companies' claims against the Sudanese entities, referred those parties to the competent Sudanese courts, dismissed the Sudanese entities' claims for damages for abusive proceedings, and ordered the Croatian companies to pay the incidental-proceedings costs and EUR 5,000 under Article 700 of the French Code of Civil Procedure.

    Supporting details

    7 participants
    ISTRA'IVANJE d.d.
    INGRA Engineering & Construction Co
    LANI'TE DOO (LTD)
    Republic of Sudan
    National Corporation for Development of Rural Water Resources
    Ministry of Economy and Finance of the Republic of Sudan
    Central Bank of the Republic of Sudan
    Paris Judicial Court

    1 year, 1 month and 2 days later · 399 days

  3. 25 June 2024France

    25 June 2024France

    Judgment of the Paris Court of Appeal in RG 23/09497 dated 25 June 2024

    Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16

    Case no.
    RG 23/09497
    Citation
    No. 58/2024
    Decision summary
    The court held the appeal against the 23 May 2023 case-management order admissible and confirmed the order insofar as it found the Paris Judicial Court incompetent to hear the Croatian companies' claims against the Sudanese entities. It set aside the referral to the Sudanese courts and instead referred the parties to pursue their claims before the appropriate forum, rejected the remaining claims as moot, dismissed the Sudanese entities' claim for damages for abusive proceedings, and ordered the Croatian companies to pay EUR 40,000 to the Sudanese entities, EUR 10,000 to the ICC, and the appeal costs.

    Supporting details

    6 authorities · 22 participants
    Application
    Appeal against the Paris Judicial Court case-management order of 23 May 2023 — Admissible; order confirmed in part and referral set aside
    Application
    Sudanese entities' incidental appeal and claim for damages for abusive proceedings — Admissible but unfounded; claim dismissed
    ISTRA'IVANJE d.d.
    Representative
    Maryline Lugosi (For: ISTRA'IVANJE d.d. · INGRA Engineering & Construction Co · LANI'TE DOO (LTD))
    Representative
    Xavier Delplanque-Bataille de Mandelo (For: ISTRA'IVANJE d.d. · INGRA Engineering & Construction Co · LANI'TE DOO (LTD))
    INGRA Engineering & Construction Co
    Representative
    Maryline Lugosi (For: ISTRA'IVANJE d.d. · INGRA Engineering & Construction Co · LANI'TE DOO (LTD))
    Representative
    Xavier Delplanque-Bataille de Mandelo (For: ISTRA'IVANJE d.d. · INGRA Engineering & Construction Co · LANI'TE DOO (LTD))
    LANI'TE DOO (LTD)
    Representative
    Maryline Lugosi (For: ISTRA'IVANJE d.d. · INGRA Engineering & Construction Co · LANI'TE DOO (LTD))
    Representative
    Xavier Delplanque-Bataille de Mandelo (For: ISTRA'IVANJE d.d. · INGRA Engineering & Construction Co · LANI'TE DOO (LTD))
    Republic of Sudan
    Representative
    Benjamin Moisan (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Representative
    Diane Lamarche (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Representative
    Félix Thillaye (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    National Corporation for Development of Rural Water Resources
    Representative
    Benjamin Moisan (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Representative
    Diane Lamarche (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Representative
    Félix Thillaye (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Ministry of Economy and Finance of the Republic of Sudan
    Representative
    Benjamin Moisan (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Representative
    Diane Lamarche (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Representative
    Félix Thillaye (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Central Bank of the Republic of Sudan
    Representative
    Benjamin Moisan (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Representative
    Diane Lamarche (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Representative
    Félix Thillaye (For: Republic of Sudan · National Corporation for Development of Rural Water Resources · Ministry of Economy and Finance of the Republic of Sudan · Central Bank of the Republic of Sudan)
    Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16
    Other
    Institutional administrator
    International Chamber of Commerce
    Representative
    Harold Herman (For: International Chamber of Commerce)
    Representative
    Carole Malinvaud (For: International Chamber of Commerce)
    Representative
    Sacha Willaume (For: International Chamber of Commerce)
    Representative
    Vincent Carriou (For: International Chamber of Commerce)
    Court Reporter
    [E] [R]
    Court Reporter
    Najma El Farissi

    Authorities cited

    6
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
    • Convention for the Protection of Human Rights and Fundamental Freedoms
      treaty
    • Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012
      regulation
    • French Court of Cassation, First Civil Chamber, 13 December 2017, Appeal No. 16-22131
      case law
    • French Court of Cassation Judgment dated 22 October 2020
      case law

Matter record

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ISTRA'IVANJE, INGRA and LANI'TE v Sudan (Paris Court of Appeal RG 23/09497) · Matter