Eco Swiss China Time (Competition)

(Competition - Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) - Power of national courts to annul arbitration awards)

REFERENCE to the Court under Article 234 EC (ex Article 177) by the Hoge Raad der Nederlanden (Netherlands) for a preliminary ruling in the proceedings pending before that court between Eco Swiss China Time Ltd

composed of: G.C. Rodr�guez Iglesias, President, P.J.G. Kapteyn, J.-P. Puissochet, G. Hirsch and P. Jann (Presidents of Chambers), G.F. Mancini, J.C. Moitinho de Almeida (Rapporteur), C. Gulmann, J.L. Murray, D.A.O. Edward, H. Ragnemalm, L. Sev�n and M. Wathelet, Judges, Advocate General: A. Saggio, Registrar: H. von Holstein, Deputy Registrar,

'No appeal shall lie from an arbitration award to a higher arbitration tribunal unless otherwise agreed by the parties'.

an award entitled 'Final Arbitral Award' (hereinafter 'the FAA'), which was lodged at the registry of the Rechtbank on 26 June 1995, ordering Benetton to pay USD 23 750 000 to Eco Swiss and USD 2 800 000 to Bulova by way of compensation for the damage suffered by them. By order of the President of the Rechtbank of 17 July 1995, leave was given to enforce the FAA.