Award in ICC Case No. 4237
Panel of Arbitration
X Y.B. Comm. Arb. 52 (1985)
- Written by Mary Katherine Cunningham, JD
Facts
A Syrian state entity (plaintiff) entered a contract with a Ghanian state entity (defendant) in which the Syrian entity purchased wood products from the Ghanian entity. The contract also contained an arbitration agreement. A dispute arose when the Syrian entity claimed the Ghanian entity failed to ship the wood product according to the contract’s schedule. The Syrian entity sought damages in Syrian court before referring the dispute to an International Chamber of Commerce (ICC) Arbitration. Both parties signed the terms of reference for the arbitration, selecting Paris as the arbitral seat and French International Arbitration Law as the procedural law. However, a dispute arose between the parties as to the applicable substantive law. The Syrian entity argued for the application of Syrian law and Syrian conflict-of-laws rules as the contract was signed in Syria. Citing the French International Arbitration Law, the Ghanian entity countered that English law was applicable.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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