Originally from: French International Arbitration Law Reports

 

 

 

 

THE COUR DE CASSATION, FIRST CIVIL CHAMBER, rendered the following decision:

 

In light of their connectivity, joins petitions no. G 01-13.742 and no. D 02-15.237

 

Officially acknowledges the State of Israel’s withdrawal of its petition no. G 01.13.742 against the decision of 28 September 2000;

 

On the five prongs of the sole argument:

 

Whereas the State of Israel and the National Iranian Oil Company (NIOC) organised under the laws of Iran, in 1968 entered into a participation agreement with regard to oil operations containing an arbitration agreement which notably stated that if the two arbitrators appointed by both parties were unable to reach an agreement on the solution to the dispute or the third arbitrator, he or she would be appointed by the President of the International Chamber of Commerce (ICC) of Paris. A dispute arose in 1994 and as the State of Israel refused to appoint an arbitrator, NIOC petitioned the President of the Paris Tribunal de Grande Instance on the basis of Article 1493, para. 2 of the New Code of Civil Procedure in order