Matter
J & P Avax v Tecnimont (ICC Arbitration No. 12273)
- 26 October 2007Arbitration
26 October 2007Arbitration
ICC International Court of Arbitration decision on recusal dated 26 October 2007
International Chamber of Commerce
- Decision summary
- The ICC International Court of Arbitration rejected Avax's request to recuse the president of the arbitral tribunal as untimely.
Supporting details
4 participantsJ & P Avax
Tecnimont SPA
International Chamber of Commerce
- Arbitrator
- President of the arbitral tribunal
- Institutional administrator
- International Court of Arbitration of the International Chamber of Commerce
1 month and 14 days later · 45 days
- 10 December 2007Arbitration
10 December 2007Arbitration
ICC Partial Award on the principle of responsibility dated 10 December 2007
International Chamber of Commerce
- Decision summary
- The tribunal issued a partial award on the principle of responsibility.
Supporting details
3 participantsJ & P Avax
Tecnimont SPA
International Chamber of Commerce
- Arbitrator
- President of the arbitral tribunal
2 years, 10 months and 25 days later · 1060 days
- 4 November 2010France
4 November 2010France
Judgment of the French Court of Cassation in appeal 09-12.716 dated 4 November 2010
French Court of Cassation
- Decision summary
- The Court of Cassation issued the earlier cassation decision after which the Avax–Tecnimont annulment proceedings were remitted for reconsideration.
11 months and 29 days later · 363 days
- 2 November 2011France
2 November 2011France
Judgment of the Reims Court of Appeal dated 2 November 2011
Reims Court of Appeal
- Decision summary
- The Reims Court of Appeal annulled the ICC partial award on the ground that the arbitral tribunal president's independence was in doubt.
2 years, 7 months and 23 days later · 966 days
- 25 June 2014France
25 June 2014France
Judgment of the French Court of Cassation, First Civil Chamber, in appeal 11-26.529 dated 25 June 2014
French Court of Cassation, First Civil Chamber
- Citation
- Bull. 2014, I, No. 115
- Decision summary
- The Court of Cassation quashed the Reims Court of Appeal judgment that had annulled the ICC partial award, and remitted the case to the Paris Court of Appeal. It held that the challenge to the arbitral tribunal president's independence had to be assessed under the applicable timely-disclosure rules.
Supporting details
4 authorities · 2 participantsJ & P Avax
Tecnimont SPA
French Court of Cassation, First Civil Chamber
1 year, 9 months and 18 days later · 657 days
- 12 April 2016France
12 April 2016France
Judgment of the Paris Court of Appeal dated 12 April 2016
Paris Court of Appeal, Division 1, Chamber 1
- Decision summary
- The Paris Court of Appeal, hearing the matter after remittal, rejected J & P Avax's action to set aside the ICC partial award.
2 years, 8 months and 7 days later · 981 days
- 19 December 2018France
19 December 2018France
Judgment No. 1220 FS-P+B+I of the French Court of Cassation, First Civil Chamber, in appeal A 16-18.349 dated 19 December 2018
French Court of Cassation, First Civil Chamber
- Citation
- Judgment No. 1220 FS-P+B+I
- Decision summary
- The Court of Cassation rejected J & P Avax's appeal from the Paris Court of Appeal's refusal to set aside the ICC partial award. It upheld the conclusion that Avax had timely knowledge of the facts concerning the arbitral president's independence and ordered Avax to pay costs and EUR 3,000 to Tecnimont under Article 700.
Supporting details
3 authorities · 14 participantsJ & P Avax
- Representative
- SCP Lyon-Caen and Thiriez (For: J & P Avax)
Tecnimont SPA
- Representative
- SCP Ortscheidt (For: Tecnimont SPA)
French Court of Cassation, First Civil Chamber
- Judge
- Batut
- Judge
- Acquavica
- Judge
- Wallon
- Judge
- Hascher
- Judge
- Reynis
- Judge
- Reygner
- Judge
- Vigneau
- Judge
- Bozzi
- Advocate General
- Caron-Deglise
- Court clerk
- Pecquenard