Award in ICC Case No. 8385
Panel of Arbitrators
in J.-J. Arnaldez, Y. Derains & D. Hascher (eds.), Collection of Arbitral Awards 1996-2000 474 (2003)
- Written by Mary Katherine Cunningham, JD
Facts
X, an American corporation, and Y, a Belgian corporation, entered a contract for X to help Y build a factory in Bulgaria. The contract signed contained an International Chamber of Commerce (ICC) arbitration clause. The parties signed the contract in Belgium. Disputes arose between X and Y over Y’s alleged nonpayment of royalties under the contract, causing X to initiate an ICC arbitration in New York against Y. As Y was insolvent, X named Y’s parent company, Z, in the arbitration as well. Z filed a motion with the arbitral tribunal to demonstrate “that it was unduly designated as Defendant.” Z further argued that Z cannot be held liable for Y’s debts and cannot be bound by Y’s contracts.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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