Alstom Brasil Energia E Transporte LTDA v. Mitsui Sumitomo Seguros S.A. (Final Award), ICC Case No. 20686/RD, 7 October 2015
Claimants Alstom Power (USA) and Alstom Brasil (Brazil) provide power generation equipment and services. Respondent Mitsui (Brazil) is an insurance company. Alunorte (Brazil), an aluminum refiner who had a supply contract with Alstom, is a third party. The dispute arose over an indemnity payment made by Mitsui to Alunorte after a fire and a tubing rupture in Alunorte’s facility had damaged Alstom’s property. After settling the claim with Alunorte, Mitsui sued Alstom in Brazilian courts to recover the indemnity payment made to Alunorte. Alstom invoked the arbitration clause of the Alstom-Alunorte supply contract and commenced proceedings against Mitsui before an ICC panel seated in New York City. The arbitrators ruled that they had jurisdiction to hear the dispute, that Mitsui was bound by the arbitration clause between Alstom and Alunorte, and that Mitsui could not sue Alstom in Brazilian courts. It dismissed Mitsui’s claim against Alstom as well as Alstom’s counterclaim for damages.