Cour de cassation, First Civil Chamber, 23 June 2010, Malicorp v the Arab Republic of Egypt, the Minister of Transportation, the Minister of Civil Aviation, the Prosecutor General to the Paris Court of Appeal - French International Arbitration Law Reports: 2010
Author(s):
Thomas Clay
Philippe Pinsolle
Thomas Voisin
Suhaib Al-Ali
Page Count:
6 pages
Media Description:
1 PDF Download
Published:
February, 2016
Author Detail:
About the Editors
Thomas Clay is Professor in International Arbitration Law in Versailles
University, Director of its LLM in International Arbitration in
collaboration with the International Chamber of Commerce (ICC), the only
French-language program in international arbitration. He's also Vice-
President of the University, managing partner of Clay Arbitration Law
Firm, and former Dean of the Law School. 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, and "Code de" arbitrage commenté”, a
restatement of the French law. 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, as arbitrator or counsel, in French,
Spanish, English and Italian, collaborating with the ICC, other French
institutions, the Milan Arbitration Court, and in Africa and South America.
Professor Clay is also a member of the Jurisdiction of Professional Soccer
League and Arbitrator in the French Sport Arbitration Chamber. He was
appointed by France to serve as co-arbitrator in the first ICSID Arbitration
against that country.
Philippe Pinsolle is the Managing Partner of the Paris Office at Quinn
Emanuel Urquhart & Sullivan, and specializes in international arbitration.
He has been involved, as counsel or arbitrator, in more than two 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 the defense industry. Mr.
Pinsolle 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 cofounder of the Young
Arbitration Practitioners (YAP). He is the author of numerous articles and
case-notes on international arbitration and holds a J.D. degree from the
University Pantheon-Assas (Paris II), a M.Jur. from Oxford University,
Hertford College, and an MBA degree from Essec.
Thomas Voisin is a Partner in the Paris office of Quinn Emanuel Urquhart
& Sullivan. He has represented clients in a number of international
arbitrations, both ad hoc (including under the UNCITRAL Rules) and
under the rules of major arbitration centers (ICC, ICSID, LCIA, SCC,
AFA, etc.), with particular focus on investment, energy, and commercial
disputes. His experience includes international arbitrations in the oil &
gas, power, transportation, mining, aviation and chemical sectors. He
graduated from the University Pantheon-Assas (Paris II) and holds an
M.Jur. from Oxford University.
Suhaib Al-Ali is an Associate in the Paris office of Quinn Emanuel
Urquhart & Sullivan. He has intervened on behalf of both States and
Investors before ICSID and ad hoc tribunals, as well as commercial
Claimants and Respondents before the ICC, LCIA, ECA, and the Franco-
German Chamber of Commerce and Industry. He has degrees from
King's College London, Paris-I Pantheon-Sorbonne, and the University of
Chicago. He is a member of the New York Bar.
Description:
Originally From:
French International Arbitration Law Reports: 2010
Preview Page
ORIGINAL
REPUBLIQUE FRANCAISE
AU NOM DU PEUPLE FRANCAIS
LA COUR DE CASSATION, PREMIÈRE CHAMBRE CIVILE, a rendu l'arrêt suivant :
Statuant sur les pourvois nosQ 08-
16.858 et P 09-12.399 formés par la société Malicorp, société de droit britannique, dont le siège
est 3 B Aldenham Grove, Radlett, Hertfordshire Wd7, 7Bw, Royaume Uni, et 72 Watling Street,
Radlett, Herts, England WD7,
7NP, Royaume Uni,
contre un même arrêt rendu le 19 juin
2008 par la cour d'appel de Paris (1re chambre, section C), dans le litige l'opposant :
1o/ à la République arabe d'Egypte, dont le siège est Mogamaa Building, Tahrir Square, Le Caire,
Egypte,
2o/ au Ministre des Transports, domicilié en cette qualité en ses bureaux, Ministère des
Transports, 105 Kasr Al Aini Street, Le Caire, Egypte,
3o/ au Ministre de l'Aviation civile, domicilié Al Ouroubat Street, Airport Road, Masr Al
Jadidat, Egypte,
TRANSLATION
FRENCH REPUBLIC
IN THE NAME OF THE FRENCH PEOPLE
THE COURT OF CASSATION, FIRST CIVIL CHAMBER, rendered the following decision:
Deciding on the appeals numbered Q
08-16.858 and P 09-12.399 entered by the British company Malicorp, whose head office is located at
3 B Aldenham Grove, Radlett, Hertfordshire Wd7,
7Bw, United Kingdom and at 72
Watling Street, Radlett, Herts, England
WD7, 7NP, United Kingdom,
against a single decision rendered on 19
June 2008 by the Paris Court of Appeal (1st Chamber, Section C) in its dispute against:
1/ the Arab Republic of Egypt, whose headquarters is located in the Mogamaa Building, Tahrir
Square, Cairo, Egypt,
2/ the Minister of Transportation, domiciled in this capacity in his offices, Ministry
of Transportation, 105 Kasr Al Aini Street, Cairo, Egypt,
3/ the Minister of Civil Aviation, domiciled at Al Ouroubat Street, Airport Road, Masr
Al Jadidat, Egypt,