Court of Cassation, No. 95-18.190

Court of Cassation, Civil Chamber 1, of 11 May 1999, No. 95-18.190

SA Company Rivers

Vs.

Jacques Y

Philippe X

Fiorucci (represented by Trentani, liquidator)

Fiorucci (represented by Vratsidas, liquidator)

In support of its appeal, the claimant mentions the sole ground annexed to the present judgment.

On the sole ground:

The claimant challenges the judgment under appeal (Paris, 30 March 1995) for having dismissed the action for annulment brought against an ICC arbitral award of 14 April 1993, by wrongly dismissing the ground based on the contradiction in the grounds of the arbitral award, in the sense that it confirmed that an event constituted the suspensive condition of an obligation, while noting that this event already took place.

However, the ground taken from a contradiction in the grounds of the arbitral award and to which the Court of Appeal replied, is in reality an attempt to challenge the merits of the award.

The sole ground is therefore inadmissible.

FOR THESE REASONS:

Dismisses the appeal;

Orders the company Rivers to pay the costs;

Thus done and judged by the Court of Cassation, First Civil Chamber, and pronounced by the President in his public hearing of the eleventh of May nineteen hundred and ninety-nine.