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4 J. Int'l Arb. 25 (1987)
SEEE v. Yugoslavia: Epitaph or Interlude?

handle is hein.kluwer/jia0004 and id is 313 raw text is: SEEE v. Yugoslavia: Epitaph or Interlude? Georges R. DELAUME* Occasionally, some spectacular case disproves the general belief that transnational awards are normally complied with voluntarily.' The proceed- ings relating to the validity and the recognition of the 19 5 6 award rendered in the dispute between the Sociti6 Europienne dEtudes et d'Entreprises (SEEE) v. Yugoslavia,2 offer a typical example of those pathological situations. Not only was the award the subject of consideration by the Highest Judicial Courts of Switzerland,3 The Netherlands,4 and France, it was also resubmitted twice to the Dutch Supreme Court and no less than three times to the Cour de Cassation. Following some three decades of litigation, the latest pronounce- ment of the French Court grants recognition (exequatur) to the award. What will follow is at present unknown but, if history repeats itself, new and interesting developments may possibly ensue. The facts of the case are simple enough. Before World War II, the SEEE, a French company, had agreed to build a railroad in Yugoslavia. The agreement between the SEEE and Yugoslavia provided for payments to be made over a twelve year period. After war broke out, payments ceased in 1941. After the war, the French Government, taking over the SEEE's claims, * Counsel to Curtis, Mallet-Prevost, Colt & Mosle, formerly Senior Legal Adviser, International Centre for Settlement of Investment Disputes. ' See e.g., in regard to: (i) the Liamco award, text and notes 25-z7 infra; (ii) the Award between Southern Pacific Properties (SPP) and Egypt, and the Egyptian Tourism Organization of February 16, 1983, z2 ILM 751 (1983); Cass. January 6, 1987, z Int. Arb. Rep. 17 (1987), to appear in the July 1987 issue ofILM, District Court of Amsterdam July 12, 1984, 24 ILM 1o4o (1985), 1o Y.B. Comm. Arb. 400 0985), Revue de l'Arbitrage 1986, 87; (iii) The award of October z6, 1979, between Pabalk Ticaret LimiedSikrtiv. SociiiNorsolor, Revue de l'Arbitrage 1983, 525, 9 Y.B. Comm. Arb. 109 (1984)-Supreme Court of Austria November i2, 1982, Revue de l'Arbitrage 1983, 513, 9 Y.B. Comm. Arb. 159 (t984)-Cass. October 9, 1984, Clunet 1985, 68o, 24 ILM 36o 0(1985), 2 J. Int. Arb. (No. 1) 67 (1985), 1 1 Y.B. Comm. Arb. 484 (1986). 2 Award of July 2, 1956, Clunet 1959, 1074; 25 Int'l L. Rep. (Year 1957) 761. 3 See note 8 infra. 'See notes io and 12. See notes 16, i8 and zz infra. Copyright © 2007 by Kluwer Law International. All rights reserved. No claim asserted to original government works.

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