Matter
J&P AVAX v TECNIMONT SPA (Paris Court of Appeal RG 14/14884)
- 10 December 2007Arbitration
10 December 2007Arbitration
Partial arbitral award on responsibility dated 10 December 2007
International Chamber of Commerce
- Decision summary
- The arbitral tribunal issued a partial award on responsibility in the dispute arising from the construction contract for a propylene plant in Thessaloniki.
Supporting details
5 participants1 year, 2 months and 2 days later · 430 days
- 12 February 2009France
12 February 2009France
Judgment of the Paris Court of Appeal dated 12 February 2009
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal annulled the partial arbitral award for irregularity in the constitution of the arbitral tribunal, based on concerns about the tribunal president's independence and disclosure of links between his law firm and Tecnimont-related entities.
Supporting details
2 participantsJ&P AVAX
TECNIMONT SPA
Paris Court of Appeal
1 year, 8 months and 23 days later · 630 days
- 4 November 2010France
4 November 2010France
Judgment of the French Court of Cassation dated 4 November 2010
French Court of Cassation
- Decision summary
- The French Court of Cassation quashed the Paris Court of Appeal judgment and remitted the parties to the Reims Court of Appeal, holding that the lower court had treated the challenge as timely even though the relevant facts had substantially appeared in the earlier recusal application.
Supporting details
2 participantsJ&P AVAX
TECNIMONT SPA
French Court of Cassation
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
- On remand, the Reims Court of Appeal held the challenge admissible and annulled the partial award, finding that incomplete and gradual disclosure of links involving Jones Day, Tecnimont, Edison, EDF, and Sofregaz could reasonably raise doubts about the arbitral president's independence.
Supporting details
2 participantsJ&P AVAX
TECNIMONT SPA
Reims Court of Appeal
2 years, 7 months and 23 days later · 966 days
- 25 June 2014France
25 June 2014France
Judgment of the French Court of Cassation dated 25 June 2014
French Court of Cassation, First Chamber
- Decision summary
- The French Court of Cassation quashed the Reims Court of Appeal judgment and remitted the matter to the Paris Court of Appeal, holding that the lower court had to determine, for each relied-on fact, whether the thirty-day ICC recusal period had been observed or waived.
Supporting details
2 participantsJ&P AVAX
TECNIMONT SPA
French Court of Cassation, First Chamber
1 year, 9 months and 18 days later · 657 days
- 12 April 2016France
12 April 2016France
Judgment of the Paris Court of Appeal in the case RG 14/14884 dated 12 April 2016
Paris Court of Appeal, Division 1 - Chamber 1
- Decision summary
- The Paris Court of Appeal rejected J&P AVAX's application to set aside the 10 December 2007 partial arbitral award. It held that the recusal application was out of time for the known circumstances and that the later information did not materially aggravate the doubts about the arbitrator's independence; AVAX was ordered to pay TECNIMONT SPA EUR 100,000 under article 700 of the French Code of Civil Procedure.
Supporting details
2 authorities · 12 participantsJ&P AVAX
- Representative
- Florence GUERRE (For: J&P AVAX)
- Representative
- SELARL PELLERIN - DE MARIA - GUERRE (For: J&P AVAX)
- Representative
- Emmanuel GAILLARD (For: J&P AVAX)
TECNIMONT SPA
- Representative
- Matthieu BOCCON GIBOD (For: TECNIMONT SPA)
- Representative
- SELARL LEXAVOUE PARIS-VERSAILLES (For: TECNIMONT SPA)
- Representative
- Louis-Christophe DELANOY (For: TECNIMONT SPA)
Paris Court of Appeal, Division 1 - Chamber 1
Other
- Court Reporter
- Mélanie PATE