French Supreme Court nullifies ICC practice for appointment of arbitrators in multiparty cases; ruling calls into question clauses and awards governed by French law or subject to interpretation or review by French courts

Article Abstract:

The French Supreme Court ruled in Siemens AG and BKMI Industrienlagen GmbH v Dutco Consortium Construction Co Ltd on Jan 7, 1992 that the International Chamber of Commerce (ICC) had been improperly selecting arbitrators in multiparty cases. When claimants or defendants disagreed on the choice of arbitrators, the ICC had customarily asked the defendants to concur on a nomination or had chosen arbitrators for them if they could not concur. The Court decided that this practice denied claimants equal treatment. However, the Court's extension of the equal treatment principle was excessive.

International aspects, Appointments, resignations and dismissals, Arbitration (Administrative law), Administrative arbitration, Arbitrators, International Chamber of Commerce

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Treble damages and the incentive to sue and settle

Article Abstract:

A model of suit, settlement, and trial is applied on antitrust suits to examine the effects of private suits on government suits or vice versa. Private plaintiffs tend to enter into a compromise agreement after a government suit. A violator, by not offering to compromise, may imply that one has a strong case and deter treble damage but this would only compel the government to pursue more trials.

Compromise and settlement, Settlements (Law)

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Out of Court Settlement?

Article Abstract:

An out of court settlement may be in the works in the case of Laker Airways vs. several international airlines whom it alleges violated American antitrust laws in an attempt to force Laker out of business. The case is growing in complexity, involving the British government. The suit also alleges that the airlines used pressure to halt a financial rescue of Laker.

Airlines

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