Judgment of 18 January 1991

1996 Rev. arb. 503 (1996)

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Judgment of 18 January 1991

Paris Tribunal de Grande Instance
1996 Rev. arb. 503 (1996)

Facts

Mannesmann Demag AG (MII) and Mannesmann An-lagenbau Dusseldorf (MAB) (defendant) entered a contract with Chérifienne des Pétroles (SCP). The contract contained an arbitration clause where the parties agreed to refer matters to arbitration in Paris under International Chamber of Commerce (ICC) Rules. A dispute arose between the parties, and SCP filed a Request for Arbitration with the International Court of Arbitration. SCP also appointed “F” as an arbitrator. MII and MAB appointed C. as arbitrator on recommendation of the Greek National Committee. In October 1990, the International Court of Arbitration appointed M.B., a Greek national, as third arbitrator and chairman of the arbitral tribunal. In response to the appointment of M.B., SCP filed a lawsuit against MII and MAB before the Paris Tribunal de Grande Instance, citing Articles 1493(2), 1495, and 1455 of the New Code of Civil Procedure (NCCP). SCP asserted that it informed the ICC that it opposed to the appointment of a European national as the third arbitrator because MII and MAB are headquartered in Europe. SCP argued the International Court of Arbitration violated one of the parties’ contractual intent with its appointment of M.B. SCP asked the Paris Tribunal de Grande Instance to order the appointment of a non-European national to complete the arbitral tribunal. MII and MAB argued that because the arbitral tribunal was properly constituted, the Paris Tribunal de Grande Instance lacked jurisdiction to interfere in the dispute. SCP countered that the Paris Tribunal de Grande Instance retained jurisdiction over international arbitrations occurring in Paris under Articles 1493 and 1506 of the NCCP.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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