France / 05 May 1987 / France, Cour de cassation / Commandement des Forces Aériennes de la République Islamique d'Iran v. Société Bendone Derossi International Limited Partnership / 85-13.162
| Country | France |
| Court | France, Cour de cassation (French Court of Cassation) |
| Date | 05 May 1987 |
| Parties | Commandement des Forces Aériennes de la République Islamique d'Iran v. Société Bendone Derossi International Limited Partnership |
| Case number | 85-13.162 |
| Applicable NYC Provisions | VII |
| Source |
Bulletin 1987 I N° 137 p. 107, Original decision obtained from the registry of the Cour de cassation |
| Summary | On 15 January 1978, a US company (Bendone Derossi International) entered into a supply agreement for military uniforms with the Iranian Air Forces, which contained an International Chamber of Commerce (ICC) arbitration agreement. A dispute arose and an arbitral award was rendered in Paris on 15 December 1980 in favor of Bendone Derossi International. The Iranian Air Forces filed an action to set aside the award which was declared inadmissible by the Cour d'appel de Paris (Paris Court of Appeal), holding that the provisions of Article 1502 of the Code of Civil Procedure were not applicable to the case at hand. The Iranian Air Forces challenged this decision on the ground that, pursuant to Article VII NYC and Article 12 of the Code of Civil Procedure, the Cour d'appel de Paris should have applied the legal remedies provided under French law. The Cour de cassation (Supreme Court) dismissed the Iran Air Forces claim. It reasoned that the NYC is not applicable to the case at hand, since the action does not relate to the enforcement of an arbitral award, but to its setting aside. |
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Attachment (1)
 Original Language Adobe Acrobat PDF |
