Court of Cassation, No. 14-12.077

Court of Cassation, First Civil Chamber, 18 March 2015, No. 14-12.077

Challenged decision: Paris Court of Appeal, 10 September 2013, No. 11/19801

Semapa investimento E Gestao SGPS

Cimentospar Participacoes Sociais SGPS LDA (Cimentospar)

Vs.

CRH PLC

Beton Catalan

THE FIRST CHAMBER OF THE CASSATION COURT delivered the following judgment:

On the single ground, annexed hereafter:

Whereas, according to the judgment under appeal (Paris, 10 September 2013), Semapa investimento E Gestao SGPS and Cimentospar Participacoes Sociais SGPS LDA (Cimentospar) brought an action for annulment of ICC Award No. 16748/JRF/CA rendered in Paris on 25 July 2011 pursuant to the arbitration clause in a shareholders' agreement entered into between Semapa and CRH, shareholders of Secil, the first through Cimentospar and the second through Beton Catalan;

Whereas Semapa and Cimentospar complain that the judgment dismissed their action;

Whereas, on the one hand, having noted that the Terms of Reference entrusted the arbitral tribunal with the definition of the rules and criteria for settling the conflict between the rights to compensation conferred on both parties by the partnership agreement in the event of reciprocal breaches by the latter, and that the arbitrators specifically questioned the parties in this respect, asking them to consider all possible scenarios, the Court of Appeal rightly deduced that in drawing the consequence of the mutual failures of the parties on the right to reparation, in accordance with Portuguese law, the arbitral tribunal ruled within the limits of its mission and without violating due process (in French Principe de la contradiction);

Whereas, on the other hand, the Court of Appeal, which was not obliged to follow the parties in the detail of their arguments, rejected, without any distortion, the ground for annulment based on the fact that the recognition or enforcement was contrary to international public policy;

Hence it follows that the ground is unfounded.

FOR THESE REASONS

REJECTS the appeal

Orders Semapa investimento E Gestao SGPS and Cimentospar Participacoes Sociais SGPS LDA to pay the costs

Pursuant to article 00 of Civil Procedure Code rejects their request and orders them to pay the total sum of 3,000 euros to CRH PLC and Beton Catalan.

Thus done and judged by and pronounced by THE President of the first CHAMBER OF THE CASSATION COURT in its public hearing of eighteen March two thousand and fifteen.