Final Award in ICC Case No. 5294
International Chamber of Commerce
XIV Y.B. Comm. Arb. 137 (1988)
- Written by Mary Katherine Cunningham, JD
Facts
In March 1983, a Danish contractor (plaintiff) entered a contract with an Egyptian subcontractor (defendant) for the construction of an abattoir. The contract contained an arbitration clause in Article 14 of the contract, requiring the parties to settle “any disputes and deviations” at the International Chamber of Commerce (ICC) in Zurich, Switzerland. A dispute arose between the parties, and the Danish contractor initiated arbitration at the ICC. Although it refused to participate in the arbitral proceedings, the Egyptian subcontractor’s counsel sent communications to the arbitrator, raising the Egyptian subcontractor’s jurisdictional objections. The Egyptian subcontractor argued that the arbitration clause violated Egyptian law and policy because the arbitration clause and the contract did not name the specific arbitrator. The Egyptian subcontractor also asked for a stay in the arbitration in Zurich to allow a court in Egypt to rule on the dispute as part of a lawsuit filed by the Egyptian subcontractor.
Rule of Law
Issue
Holding and Reasoning (Karrer, J.)
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