A Case Study of ICC Arbitration Court

Publication of Mr.WATANABE on a case between a Swedish manufacturer and WATANABE company in ICC International Arbitration court for a contract violation.

[Index] 

Executive Summary  

WATANABE is a trader of sheet metal working machines and their relevant technology. He was in an exclusive importing agency contract with a Swedish manufacturer.

The latter violated the contract and the former sued for the damages in the said court according to the contract clause.

It required 6 years, not 6 months; submitted on August 23rd, 1991 and awarded June 30th, 1997.

The issue is portrayed from viewpoint of the party of the court, not that of any professional and recounted in 99 articles and additionally appendixes, respectively referring to the original documents including nearly all, totaling in 913 pages, which is a rare piece of work.

There are manifold indispensable points of caution about the system of the court and the prevailing way of operation, which often smashes the common sense of the party and even lawyers without the particular knowledges.

Besides, suggested are how to select the lawyer and how to deal with him.
They are good to know at the time of contract drafting and for a case study:

e.g.  Party of a contract with jurisdictional clause of international arbitration is precluded from suing, in his rights, to a regular court of sovereign state--Sweden, Japan, U.S.A etc in accordance to the respective state jurisdictions.

Title:

"On an experience of filing a case in ICC International

Court of Arbitration--------- Fiddler on the court"

 E-mail : kwatanabe@prodigy.net.mx

C　1998　by Watanabe Machinary Trading Co.

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