Decision of Geneva Chamber of Commerce of 25 September 1997
Panel of Arbitration
19 ASA Bull. 745 (2001)
- Written by Mary Katherine Cunningham, JD
Facts
In October 1996, an Italian company, A SpA, (A) (claimant) initiated arbitration against a German company, B. A.G., (B) (defendant) under the Arbitration Rules of the Geneva Chamber of Commerce and Industry. A asserted a specific sum in damages. B countered with a motion for the dismissal of A’s claim and asserted counterclaims for restitution of amounts paid to A. In March 1997, B informed the arbitral tribunal that A entered into voluntary liquidation in December 1996 and that R had been appointed as liquidator. B therefore asked the arbitral tribunal to order a stay of proceedings and to order A to provide security for certain costs. B later withdrew the motion for a stay of the proceedings. In its answer, A moved for dismissal of B’s request for security. Each party then filed briefs on tB’s motion for security for costs and the authority of the tribunal to issue an order to require A to furnish security for costs.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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