DECISION BY THE FIRST INSTANCE COURT OF BRUSSELS RENDERED ON 8 MARCH 2007 IN CASE NO. 2005/7721/A
“The Belgian SNF Case” * **
Subject Matter: Whether an arbitral award should be set-aside on the ground that the award violated public policy consisting of EC Competition Law (Article 81 of the EC Treaty [Article 101 Treaty on the Functioning of the European Union (“TFEU”)]).
Finding: The partial and final are contrary to article 81 of the EC Treaty [Article 101 TFEU] insofar as the solutions they bring to the dispute give effect to an anticompetitive 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