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@) Wolters Kluwer | Kluwer Law International Law & Business ‘Source: BOOK: Yearbook Commercial Aritration, P, Sand Interim Award of September 23 1982 in No. 4134 (Original In French) PARTIES: Claimants 1, Dow Chemical France (France) Claimants 2. The Dow Chemical Company (USA) Claimants 3, Dow Chemical AG. (Swiss) Claimants 4, Dow Chamical Europe (Swiss) Defendant ISOVER Saint Gobain (France) ARBITRATORS: '& Pro, Pleter Sanders (Pres.) ‘= Prof Berthold Goldman ‘= Poo! Miche! Vasseur PUBLISHED IN: 15 110 Journal cu dro international (Clumet) 1983, pp. 899-006, with note Y. Derains, pp. 906-907. ‘SUBJECT MATTERS: 18 group of companies 15 Js acbration clause in a contract binging upon otner companies of he group which did not sign the ‘contact but patiipated in its formation, performance and termination? 18 competence of arbitrators to decide upon ther jurisdiction 1 law applicable to the arliraton agreement Facts In 1965, DOW CHEMICAL (Venezuela) entered into contract withthe French Company Boussols- Isolation, whose righis and obligations were subsequently assigned to ISOVER SAINT GOBAIN, for the dstibution in France of therma} isolation equipment. DOW CHEMICAL (Venezueia itself Subsequent assigned the contacto DOW CHEMICAL A.G. (Claimant no. 3), @ subsidiary of DOW CHEMICAL COMPANY (Claimant no. 1), {hn 1886, © second cistioution agreement wes entored into by DOW CHEMICAL EUROPE (Claimant no. 4), a subsdlary of DOW CHEMICAL A.G,, with throe other companies (incuding Boussois- {claion) whose ights and ablgatons were later assigned to ISOVER SAINT GOBAIN (Defendent) for the clstigution of essentially the same products in France. Both the 1868 and the 1968 agreements, which contained ICC arbivaton clauses, provided that

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