As a trainee in the legal department of INTERNATIONAL LAW CONSULTING based in Paris, you will be able to

must draft several consultations in the cases below. You must, in each case

propose a detailed and precise answer.

I - In September 2010, the London company JOHNSON, specialised in software design,

concludes a contract with the Czech transport company PRAGWA, by which the first company to

undertakes to design software for the second party to manage in real time the units of

transport. The delivery date is set for 1 April 2012. The agreement includes, without indication of

applicable law, an arbitration clause referring in case of dispute to arbitration by the Chamber of Commerce of the

International Trade, arbitration under the ICC Rules of Arbitration.

On July 5, 2012, after repeated but unsuccessful attempts by PRAGWA to take over

contact with the company JOHNSON, the Czech company files a request for arbitration in order to obtain

compensation for the damage suffered as a result of the non-performance of the other party's obligations

contractual.

A tribunal of three arbitrators is appointed to sit in Paris. In the absence of choice of law

by the parties, the award, rendered on 10 September 2012, is based on the principles of the lex

mercatoria to award damages to PRAGWA. However, the amount awarded is

much less than what English law would have permitted PRAGWA to obtain.

In this context, a representative of PRAGWA is seeking your advice. He argues that arbitrators

should have applied English law, the law of the registered office of JOHNSON and not the lex mercatoria which is

than a doctrinal theory without legal value. He threatens to bring a case before the French state judge with a

action for annulment of the arbitral award.

What do you think about it?