Cour de cassation, First Civil Chamber, 11 February 2009, Marine de la république de Chine (ROCN) v Thales and Thales Naval SA - French International Arbitration Law Reports: 2009
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: 2009
COUR DE CASSATION, FIRST CIVIL CHAMBER, Decision Of 11 February 2009 MARINE DE LA RÉPUBLIQUE DE CHINE (ROCN) v THALES ET THALES NAVAL SA Petition no. 06-18746
The COUR DE CASSATION, FIRST CIVIL CHAMBER rendered the following decision:
On the first prong of the first ground:
In light of Article 455 of the Code of Civil procedure;
Whereas, pursuant to a contract of 31 August 1991, named "Bravo,” China Shipbuilding Corporation—the rights of which have now been transferred, as a result of several transfers, to the Navy of the Republic of China (ROCN)—undertook to purchase six frigates from Thomson CSF—the rights of which have been transferred to the companies Thalès and Thalès Naval SA (Thales); that the contract contained an arbitration agreement; that, alleging that Thales had paid commissions in spite of Article 18 of the Contract prohibiting payment of commission, ROCN initiated an arbitration to request compensation; that Thales relied on the inarbitrability of the dispute as it concerned secret défense;
Whereas, to dismiss the action to set aside the award, the court decided that the arbitral tribunal rightfully considered that the object of the requests were arbitrable and could be settled by means of fair proceedings;