Judgment of 12 January 2005

Company A (defendant) and Company B (plaintiff) entered a contract with an arbitration agreement. A dispute arose between the parties, and the parties referred the dispute to the arbitral tribunal under the Rules of the International Chamber of Commerce (ICC). In March 2004, the three arbitrators on the arbitral tribunal unanimously entered a partial award in favor of Company B. The partial award fixed the price of the 49 shares of company C to a set amount and ordered A to pay B a certain amount as compensation. In April 2004, Company B entered a request for amendment of the partial award to the ICC. In August 2004, the arbitral tribunal entered a corrective addendum to the partial award, fixing certain operative parts of the partial award. To justify the amendment, the arbitrators conceded certain mistakes in the tribunal’s initial partial award. In October 2004, Company A entered an appeal against the initial award entered in March 2004, and the Swiss Federal Tribunal rejected the initial award. Following the appeal on the March 2004 award, Company A applied to annul the updated partial award and the addendum issued in August 2004, citing Articles 190(2)(a), (d), and (e) of the Swiss Law on Private International Law (SLPIL). Company A did not specify why the case fell under Articles 190(2)(a), (d), and (e) of the SLPIL.