Judgment of 7 January 1992, Sociétés Bkmi et Siemens v. Société Dutco

119 J.D.I. (Clunet) 707 (1992)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Judgment of 7 January 1992, Sociétés Bkmi et Siemens v. Société Dutco

France Court of Cassation
119 J.D.I. (Clunet) 707 (1992)

Facts

In March 1981, Siemens AG (Siemens) (plaintiff), BKMI Industrienlagen GmbH (BKMI) (plaintiff), and Dutco Construction Company (Dutco) (defendant) entered a consortium agreement for the construction of a cement plant in Oman. The consortium agreement provided that the parties would refer all disputes to arbitration under the International Chamber of Commerce (ICC) Rules. The arbitration agreement provided the parties would appoint three arbitrators according to the ICC Rules. In 1986, Dutco commenced ICC arbitration against Siemens and BKMI, and Siemens and BKMI appointed a single arbitrator under protest. The arbitral tribunal entered a partial award affirming that the tribunal was validly constituted for multiparty arbitration. BKMI and Siemens sought an annulment of the partial award on the validity of the arbitral tribunal. In May 1989, the Paris Cour d’appel upheld the award. The Paris Cour d’appel found that the multiparty nature of the contract produced the possibility of differences such that the tribunal could validly contain a singular arbitrator appointed jointly by both parties. BKMI and Siemens appealed to the Court de Cassation, renewing the application for an annulment of the May 1989 decision.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership