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Sole arbitrator accepts claims of contractual breaches and compensation for contractual termination
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Mediation would have had no chance of success, especially given arrest of two CME employees
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French law, like other legal systems, recognises a futility exception to negotiation or mediation pre-arbitral requirements
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French law applies to arbitration agreement, be it as law of the seat or by following conflict of law method
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Recourse to mediation was a pre-arbitration requirement, skirted by the claimant
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No ground to reopen the proceedings at last minute
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Notice is governed by ICC rules, and not by contractual stipulations
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Background: consultancy agreement leads to contractual dispute; settlement negotiations result in the claimants’ employees being imprisoned
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