Cour de Cassation, First Civil Chamber, 4 June 2008, SNF v Cytec Industries BV - French International Arbitration Law Reports: 2008
About the Editors:
Philippe Pinsolle is a partner at Shearman & Sterling LLP in Paris, and specializes in international arbitration. He has been involved, as counsel or arbitrator, in more than a hundred and fifty international arbitrations, both institutional (ICC, ICSID, LCIA, SCC, AFA, Swiss Rules, etc.) and ad hoc, concerning such activities as investment, oil and gas, energy, telecom or defense industry. He is a member of the Paris Bar and of the Bar of England & Wales (Gray's Inn). He is a lecturer on international arbitration at the Universities of Aix-Marseille III, Versailles-St Quentin and Paris 12. Mr. Pinsolle is the former President of the International Arbitration commission of the Union Internationale des Avocats (UIA) and a co-founder of the Young Arbitration Practitioners (YAP). He is the author of numerous articles and case-notes on international arbitration. He holds a J.D. degree from the university of Paris II, a M.Jur. from Oxford University, Hertford College, and an MBA degree from Essec.
Professor Thomas Clay is the Dean of the Versailles Law School and Director of its LLM in International Arbitration in collaboration with the International Chamber of Commerce (ICC), the only French-language program in international arbitration. A member of the French Arbitration Committee and of the International Arbitration Institute and other institutions, Professor Clay is the author of various books and articles on arbitration, including "The Arbitrator", a treatise on the duties and obligations of arbitrators. He writes a regular column Arbitration Law in the weekly legal journal Dalloz. He also participates in numerous conferences throughout the world on international arbitration and has an extensive practice in arbitration in French, Spanish, English and Italian, collaborating with the ICC, other French institutions, the Milan Arbitration Court, and in Africa and South America. He is also member of the Jurisdiction of Professional Soccer League and Arbitrator in the French Sport Arbitration Chamber.
Thomas Voisin is an Associate in Shearman & Sterling's International Arbitration group. He has advised on numerous commercial and investor-State arbitrations. He is a member of the Paris Bar. He graduated from the University Panthéon-Assas (Paris II) and holds an M.Jur. from Oxford University.
Originally from French International Arbitration Law Reports: 2008
COUR DE CASSATION, FIRST CIVIL CHAMBER Public Hearing of 4 June, 2008 Appeal denied Mr. Bargue, Presiding Judge
Petition No. B 06-15.320 Decision No. 680 REPUBLIC OF FRANCE
The COUR DE CASSATION, First Civil Chamber, rendered the following decision:
Ruling on the appeal filed by the company SNF, a simplified joint-stock company (société par actions simplifiée), having its registered office at: 20 rue de l’Innovation, 42000 Saint-Etienne – France;
Against the decision rendered on March 23, 2006 by the Paris Court of Appeal (1st Chamber, Section C) in the dispute opposing it to Cytec Industries BV, a company incorporated under the laws of the Netherlands, having its registered office at: Botlekweg 175, Havens 4501, 3197 Ka Botlek, Rotterdam - The Netherlands.
APPELLEE:
In support of its appeal, the Appellant relies upon two grounds annexed to this decision.
Considering the communication to the Attorney General:
The Court, composed in conformity with Article L.131-6-1 of the Code of the Organisation of the Judiciary, at the public hearing of 27 November 2007 where were present Mr. Bargue,