Science Applications International v Greek State - ICC International Court Of Arbitration Case No Case 16394-GZ - Award Regarding the Preliminary Issues - Interim Award - 14 July 2011
Country
Year
2011
Summary
...
FOR THESE REASONS
1. The Arbitral Tribunal accepts that it has jurisdiction to decide upon disputes arising between the parties in Agreement No. 020A/03 regarding the Supply of the C41 System for Olympic Security and the Related Products and Services, dated 19 May 2003, according to the arbitration agreement (clause) in article 28.3, which is valid pursuant to Law 2735/1999 and articles 69 para.7, 71 para.1 and 73 para.1 of presidential decree 284/1989.
2. The Claimant's plea regarding the inadmissibility and belated supplementary answers of the Respondent and its claims contained therein is rejected.
3. The Claimant's counter-plea regarding the inadmissibility of the plea for set- off submitted by the Respondent is rejected regarding its legal basis that this pleas hides a belated counter-claim, and regarding its legal basis that the relevant Arbitration costs have not yet been paid. The Respondent's set-off objection is held admissible. The decision on the merits is reserved for a future Award.
4. The Claimant's request for separation of the merits of the case in two stages, the first of which will determine whether the acceptance of the C4I System by the Respondent shall be upheld or rejected, is rejected.
5. The Respondent's request for the suspension of the proceedings due to criminal charges is rejected.
6. The Respondent's objections regarding the lack of legal representation, the lack of standing to bring the request, or in the alternative, the lack of legal interest on behalf of the Claimant, are rejected.
7. The Respondent's objection regarding the inadmissibility of the contested request for arbitration and the related lack of jurisdiction of the Arbitral Tribunal due to lack of written preliminary steps of article 28, paragraph 2 of the contested agreement, is rejected.
8. The Respondent's objection regarding the invalidity of the arbitration clause of article 28.3 of the contested agreement, and thus the lack of jurisdiction of the Arbitral Tribunal, is rejected.
9. All other claims, including those relating to costs arising from the present Award, are reserved for one or more future awards.
Arbitrators:
Grigorios I. Timagenis
Dionysios Kondylis
Styliani Charitaki