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24SECTION 11- THE DECISIONS4CE INTE0%A0233M'0 .31'16 Oct 2002C.2COUR INTE RNATiONALE OARBITRAGET pF ARBISIGNFeINZERNAT10NAtCOUR4 ON AAMBER 4Ff0,
251. IN GENERAL§1. THE JURISDICTION38. Valvision has filed its arbitration request against Vision N.V. and VisionB.V.The SPA containing the arbitration clause was signed only by Vision N.V.However, Vision B.V. has not contested the jurisdiction of the Arbitral Tribunaland has therefore implicitly, although certainly, accepted it and has fully participatedin the whole procedure.§2. THE APPLICABLE LAW39. The parties are in agreement that the SPA is to be governed by and construedin accordance with the laws of the Netherlands (Section 12.12 of theSPA, C.sub. 2, p. 39, R.sub 2, p. 5).The intention of the parties was therefore to submit the SPA to Dutch law, whichwill apply to the evaluation of the breaches of contract alleged by Valvision, aswell as - if need be - to the determination of the damages caused by thesebreaches.40. Pursuant to Section 12.14 of the SPA, the arbitrators will decide accordingto "de regelen des rechts", which refers to Dutch law, and excludes the possibilityfor the arbitrators to act as "amiables compositeurs".41. Valvision submits however that the principles of construction of contractsand obligations are similar under Dutch and French law and are similar to theEuropean principles of contract law. Because of the similarity, they refer to theEuropean principles (C.sub 2, p. 39).The Respondents reject the application of the European principles of contractlaw and the Unidroit principles as not being applicable in the case at hand(R.sub 2, p. 6).42. Considering the express choice of law made by the parties in the contract,the Arbitral Tribunal must determine whether it has to apply the general principleswithin the framework of the national law chosen by the parties.The preamble to the "Principles of International Commercial Coby Unidroit, specifically provides that the parties may agree totract to these Principles, and that the Principles may apply whA02338488/0.31/16 Oct 2002" RCOMMERCE INTjr{ , issued NarNit their con-"ythe. rtesTaetE D'ARBITRAGE `cr2 INTERNATIONAL COURT OF ARBITRATION 4i, v,F
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 and 12: 9agreement entered into in 1995 bet
Page 13 and 14: 115. The Terms of Reference were si
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: 23an amount of FRF 337,100 (= 51,39
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
Page 63 and 64: 61123. The Arbitral Tribunal is how
Page 65 and 66: 63128. The concept of "damage" refe
Page 67 and 68: 65the Hoge Raad of February 20, 197
Page 69 and 70: 672. The abstract method138. This t
Page 71 and 72: 69presented together to the judge/a
Page 73 and 74: 71Proportion of Mediareseaux' purch
Page 75 and 76: 733. Valvision lawyers' fees149. Va
Page 77:
75Place of arbitration : Londonv V,
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