Interim Award in ICC Case No. 4131
Panel of Arbitrators
IX Y.B. Comm. Arb. 131 (1984)
- Written by Mary Katherine Cunningham, JD
Facts
Dow Chemical Company owned Dow Chemical Venezuela, Dow Chemical AG, Dow Chemical Europe, and Dow Chemical France (the Dow entities) (defendants). In 1965, Dow Chemical Venezuela entered an agreement with a French company that contained an International Chamber of Commerce (ICC) arbitration clause. Dow Chemical Venezuela assigned that contract to Dow Chemical AG. In 1968, Dow Chemical Europe entered into a similar contract with different French companies that also contained an ICC arbitration clause. The counterparties of the original 1965 and 1968 contracts assigned the contracts to Isover Saint Gobain (Isover) (plaintiff), another French company. Both agreements permitted any subsidiary of the Dow Chemical Company to make deliveries, though in practice, Dow Chemical France made the deliveries. A dispute arose between the parties, and Isover filed a lawsuit against various Dow entities in French courts. The Dow entities filed a request for arbitration against Isover. Isover challenged the arbitral tribunal’s jurisdiction to hear claims asserted by Dow Chemical Company and Dow Chemical France, as well as the standing of Dow Chemical AG and Dow Chemical Europe.
Rule of Law
Issue
Holding and Reasoning ()
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