10On October 20, 1999, Valvision confirmed likewise.On October 27, 1999, the Secretary General <strong>of</strong> the ICC <strong>International</strong> <strong><strong>Cour</strong>t</strong> <strong>of</strong><strong>Arbitration</strong> confirmed Mr. Jean-Marie Nelissen Grade as Chairman <strong>of</strong> the ArbitralTribunal and forwarded the file to the Arbitrators.3. Upon invitation <strong>of</strong> the Chairman <strong>of</strong> the Arbitral Tribunal, Valvision filed onNovember 24, 1999 a summary <strong>of</strong> its position including a discussion <strong>of</strong> proposedrelief as well as a schedule listing the parties and individuals involved inthe arbitration and providing a chronology <strong>of</strong> major events.On November 24, 1999, Vision N.V. and Vision B.V. filed a summary <strong>of</strong> theirclaims.On December 17, 1999, the Arbitral Tribunal invited Vision N.V. and Vision B.V.to provide their own presentation <strong>of</strong> the facts as they had limited themselves tooutlining specifically their claim.On January 11, 2000, Vision N.V. and Vision B.V. filed their response to Valvision'sreply dated September 13, 1999 and to Valvision's summary <strong>of</strong> claimsdated November 24, 1999.Considering the length <strong>of</strong> this document, Vision N.V. and Vision B.V. filed a briefsummary <strong>of</strong> the facts on January 18, 2000.On January 26, 2000, Valvision filed a memo "correcting misstatements madeby Respondents in their answer <strong>of</strong> January 11, 2000 and their submission <strong>of</strong>January 18, 2000".On February 17, 2000, the draft Terms <strong>of</strong> Reference were sent to the parties.4. However, on November 23, 1999, Mr. Eric Morgan de Rivery had informedthe ICC that he had noted that the arbitration procedure might indirectly involvea company called United Paneuropean Communication (UPC) and that one <strong>of</strong>his partners had provided assistance to a company in the UPC group in connectionwith the incorporation <strong>of</strong> the subsidiary <strong>of</strong> that company in France (ChelloBroad Band). Although he did not see the situation as constituting a priori aconflict <strong>of</strong> interest, he asked for the position <strong>of</strong> the <strong>International</strong> <strong><strong>Cour</strong>t</strong> <strong>of</strong> <strong>Arbitration</strong>as well as for the position <strong>of</strong> the parties.On March 22, 2000, Valvision challenged Mr. Eric Morgan de Rivery as arbitratorpursuant to Article 11 <strong>of</strong> the ICC Rules and the proceedings were suspendeduntil the issue <strong>of</strong> the challenge had been decided upon by the <strong><strong>Cour</strong>t</strong>.On April 27, 2000, the <strong>International</strong> <strong><strong>Cour</strong>t</strong> <strong>of</strong> <strong>Arbitration</strong> rejected the challengeintroduced by the Claimant against Mr. Eric Morgan de Rivery.MMERCE (NT£NTiv COUR INTERNATIONALE O'ARBITRAGEA02338488/0.31/16 Oct 2002INTERNATIONAL COURT OF ARBITRATION( CHAMBE
115. The Terms <strong>of</strong> Reference were signed during a hearing held on June 9,2000.6. On June 16, 2000, Valvision submitted its Claimant Submission no. 1("C.sub 1"), being Claimant's brief on applicable procedural rules, the Claimant'srequest for documents, Claimant's request for questions to be directed toRespondents and Claimant's list <strong>of</strong> discovery witnesses.On June 19, 2000, the Arbitral Tribunal issued Procedural Order no. 1 providing,among other things, for the sequence and timing <strong>of</strong> the exchange <strong>of</strong> memorandaregarding discovery and providing for provisional dates for the hearing <strong>of</strong>witnesses.On June 22, 2000, Valvision submitted an update <strong>of</strong> the document it had filedon June 16, 2000 in order to take into account the content <strong>of</strong> Procedural Orderno. 1 and the transcript <strong>of</strong> the first hearing from the court stenographer.On June 23, 2000, Vision N.V. and Vision B.V. submitted their Respondents'Submission no. 1 ("R.sub 1 ") on the issue <strong>of</strong> evidence, together with newly producedexhibits R.16 through R.22.7. On August 10, 2000, the Arbitral Tribunal issued Procedural Order no. 2which dealt with the following issues:applicable procedural rules: the Arbitral Tribunal would apply the mandatoryprovision contained in Section 33 <strong>of</strong> the English 1996 <strong>Arbitration</strong> Act, Articles15 and 20 <strong>of</strong> the ICC Rules and, when the Rules are silent, would determinethe applicable rules and might, if appropriate, refer to the IBA SupplementalRules on the Taking <strong>of</strong> Evidence in <strong>International</strong> <strong>Arbitration</strong>;regarding the request for production <strong>of</strong> documents, the Arbitral Tribunallisted the documents it requested the parties to produce;regarding the discovery witnesses, the Arbitral Tribunal decided to hearMr. Van der Hoven and Mr. Stumphius as witnesses, invited Mr. Behar toproduce an affidavit covering the issues raised by the Claimant in the variousbriefs that it had filed and indicated that, after the hearing <strong>of</strong> the essentialparty witnesses, it would decide, at any party's request or on its own motion,whether to hear the party witnesses listed in sections B and C <strong>of</strong> Attachment2 to C.sub 1.8. On September 5, 2000, CSFB informed the parties that as a matter <strong>of</strong> firmpolicy, it did not give evidence or disclose documents in a litigation or arbitrationwith third parties unless compelled to do so by court order.On September 21, 2000, Vision N.V. and Vision B.V. filed additional erelating to the annual shareholders' meeting <strong>of</strong> RCF held on May 19,MERCECSCOUR INTERNATIONALE D'ARBITRAGEA02338488/0.31/16 Oct 2002INTERNATIONAL COURT OF ARBITRATIOPF T,Yq
- Page 1 and 2: International Chamber of CommerceTh
- Page 3 and 4: In the matter of an arbitrationBETW
- Page 5 and 6: 37. Conclusion 545. The context of
- Page 7 and 8: 51. ABBREVIATIONS - DEFINITIONSP. A
- Page 9 and 10: 7II.THE PARTIESThe parties in this
- Page 11: 9agreement entered into in 1995 bet
- Page 15 and 16: 13On February 6, 2001, a witness su
- Page 17 and 18: 15In particular, the Arbitral Tribu
- Page 19 and 20: 17On April 15, 1999, the seller sen
- Page 21 and 22: 19On the same day, Vision N.V. waiv
- Page 23 and 24: 21Valvision had incurred substantia
- Page 25 and 26: 23an amount of FRF 337,100 (= 51,39
- Page 27 and 28: 251. IN GENERAL§1. THE JURISDICTIO
- Page 29 and 30: 27The Arbitral Tribunal is of the o
- Page 31 and 32: 2949. The question arises as to the
- Page 33 and 34: 3153. As a conclusion, the Arbitral
- Page 35 and 36: 33paragraphs of this provision appe
- Page 37 and 38: 35bank employees, including Sunday.
- Page 39 and 40: 37could reasonably derive from each
- Page 41 and 42: 39§5. VISION N.V. AND VISION B.V.'
- Page 43 and 44: 4180. In R.sub 5, Vision N.V. and V
- Page 45 and 46: 43UPC se developpe rapidement en Eu
- Page 47 and 48: 45the General Agreement and, more s
- Page 49 and 50: 47towards the seller. (See also, Pr
- Page 51 and 52: 49ers a price adjustment, which mig
- Page 53 and 54: 51Should Vision N.V. and Vision B.V
- Page 55 and 56: 53F.2: "Seller shall furnish Purcha
- Page 57 and 58: 55He reiterated the same message on
- Page 59 and 60: 57Such interpretation, which is con
- Page 61 and 62: 59Vision N.V. also allowed the Core
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61123. The Arbitral Tribunal is how
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63128. The concept of "damage" refe
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65the Hoge Raad of February 20, 197
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672. The abstract method138. This t
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69presented together to the judge/a
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71Proportion of Mediareseaux' purch
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733. Valvision lawyers' fees149. Va
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75Place of arbitration : Londonv V,