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 [Article 101 TFEU]).
Finding: In the absence of any demonstration by the appellant of a flagrant, real and concrete violation of international public policy, there is no reason to reject what was decided by the arbitral tribunal following its examination of the case, which was perfectly acceptable for international arbitration proceedings of this size, and to substitute for it the Court’s own appreciation.
Parties: Claimant: SNF SAS (France) Respondent: CYTEC INDUSTRIES BV (Holland)
Counsel: For the claimant: SCP FISSELIER-CHILOUX-BOULAY (avoués à la Cour), Assisted by Me Emmanuel GAILLARD (SHEARMAN & STERLING LLP) and by Me André Buffard (of the St-Etienne Bar) For the respondent: Me François TEYTAUD (avoué à la Cour), Assisted by Me Elie KLEIMAN (SCP FRESHFIELDS BRUCKHAUS DERINGER)
Applicable law: French law and lex mercatoria Seat of court proceedings: Paris, France
Seat of arbitral proceedings: Brussels, Belgium
Table of Contents:
SNF SAS (France) v. CYTEC INDUSTRIES BV (Holland), Decision by the Paris Court of Appeal rendered on 23 March 2006 in Case No. 04/19673 ("The French SNF Case")
SUBJECT-MATTER(S): 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 TFEU]).