DECISION BY THE FIRST INSTANCE COURT OF BRUSSELS RENDERED ON 8 MARCH 2007 IN CASE NO. 2005/7721/A, “The Belgian SNF Case” - Stockholm International Arbitration Review (SIAR) 2007 No. 2

Subject Matter: Whether an arbitral award should be set-aside on the ground that the award violated public policy consisting of EC Competition Law (Art 81 of the EC Treaty).

Finding: The partial and final are contrary to article 81 of the EC Treaty insofar as the solutions they bring to the dispute give effect to an anti-competitive contract.

Parties:

Claimant: SNF SAS (France)

Respondent: CYTEC INDUSTRIE (Holland)

Counsel:

For the claimant: Olivier Caprasse and Bernard Hanotiau (Belgium)

For the respondent: Elie Kleinan (France) and Olivier Vanhulst (Belgium)

Applicable law: French law and lex mercatoria

Seat of court proceedings: Brussels, Belgium