Final Award in ICC Case No. 5460
Panel of Arbitration
XIII Y.B. Comm. Arb. 104 (1988)
- Written by Mary Katherine Cunningham, JD
Facts
An Austrian equipment franchisor (franchisor) (plaintiff) and a South African franchisee (franchisee) (defendant) entered a franchise agreement containing an arbitration agreement. The franchise agreement required the franchisor to deliver certain documents to the franchisee in South Africa and required the franchisee to obtain exchange control consent before paying royalties. The franchise agreement also concerned the sale and production of certain machines in South Africa. The arbitration agreement provided the parties would submit any disputes to the jurisdiction of the International Chamber of Commerce (ICC) as the arbitration court. The arbitration agreement did not select an arbitral seat. A dispute arose out of the franchise agreement, and the parties submitted the matter to arbitration. The ICC Court of Arbitration selected London, England, as the arbitral seat and appointed the arbitrator.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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