Arbitral Digest

Matter

[J] [K] [B] Kish v Flower of the East Kish Development Company and Mr [I] [E] (ICC Case 16711/ND/GZ/MHM/HBH)

Case no.
ICC Case No. 16711/ND/GZ/MHM/HBH
Applicable rules
ICC Arbitration Rules
  1. 15 August 2016Iran

    15 August 2016Iran

    Kish Island Court Judgment dated 15 August 2016

    Kish Island Court

    Decision summary
    The court held the 16 July 2002 contract and 30 May 2007 supplementary contract null and ordered restitution of the land to Kish Free Zone Organization.

    Supporting details

    2 participants
    [J] [K] [B] Kish
    Mr [I] [E]
    Kish Island Court

    10 months and 25 days later · 329 days

  2. 10 July 2017Arbitration

    10 July 2017Arbitration

    Procedural Order dated 10 July 2017

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The arbitral tribunal rejected [J] [K] [B] Kish's request to terminate the arbitration after the Kish Island judgment, relying on the arbitration clause and the competence-competence principle.

    Supporting details

    1 participant
    [J] [K] [B] Kish
    International Court of Arbitration of the International Chamber of Commerce

    4 years and 8 months later · 1704 days

  3. 10 March 2022Arbitration

    10 March 2022Arbitration

    Arbitral Award dated 10 March 2022

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    Flower of the East Kish Development Company and Mr [I] [E] were held to have validly terminated the contracts. Kish Free Zone Organization was ordered to pay Flower of the East Kish Development Company EUR 39,548,709.90 for direct damages, to return a specified cheque, and to pay EUR 432,500 in arbitration costs and EUR 1,216,425.12 in legal fees and other costs; all other claims were rejected.

    Supporting details

    8 participants
    [J] [K] [B] Kish
    Flower of the East Kish Development Company
    Mr [I] [E]
    International Court of Arbitration of the International Chamber of Commerce
    Arbitrator
    Messrs [A] [N]
    Arbitrator
    [S] [T]
    Arbitrator
    [Y] [P] [H] [D]
    Other
    Expert
    Dr [X]
    Expert
    Dr [Z]

    3 years, 8 months and 15 days later · 1356 days

  4. 25 November 2025France

    25 November 2025France

    Judgment of the Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16, dated 25 November 2025

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

    Case no.
    RG 22/11284; Portalis 35L7-V-B7G-CF7HJ
    Citation
    Judgment no. 73/2025
    Decision summary
    The court rejected Kish Free Zone Organization's application to set aside the 10 March 2022 ICC award. It held that recognition or enforcement of the award was not incompatible with the Kish Island judgment and that the alleged corruption and mission-based grounds were not established; rejection conferred exequatur on the award, and the applicant was ordered to pay costs and EUR 100,000 to the respondents for procedural fees.

    Supporting details

    5 authorities · 11 participants
    [J] [K] [B] Kish
    Representative
    Matthieu Boccon Gibod (For: [J] [K] [B] Kish)
    Representative
    [A] Stoffel-Munck (For: [J] [K] [B] Kish)
    Representative
    Armand Terrien (For: [J] [K] [B] Kish)
    Flower of the East Kish Development Company
    Representative
    Luca De Maria (For: Flower of the East Kish Development Company · Mr [I] [E])
    Mr [I] [E]
    Representative
    Luca De Maria (For: Flower of the East Kish Development Company · Mr [I] [E])
    Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16
    Other
    Institutional administrator
    Najma El Farissi

    Authorities cited

    5
    • French Code of Civil Procedure
      statute
    • United Nations Convention against Corruption, Mérida, 9 December 2003
      treaty
    • Iranian Law on the Punishment of Collusion in Public Transactions, 9 June 1969
      statute
    • Iranian Constitution
      constitution
    • Regulation on the Use of Land and Other National Resources in the Commercial and Industrial Free Zones of the Islamic Republic of Iran
      regulation

Matter record

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[J] [K] [B] Kish v Flower of the East Kish Development Company and Mr [I] [E] (ICC Case 16711/ND/GZ/MHM/HBH) · Matter