An Arbitral Tribunal acting under the International Chamber of Commerce (ICC) Rules of Arbitration has rendered a final award in the last arbitration proceeding with a possible material impact between Agfa-Gevaert and the insolvency receiver of AgfaPhoto GmbH.
The Arbitral Tribunal dismissed all claims asserted by the insolvency receiver of AgfaPhoto GmbH relating to an alleged undercapitalization of AgfaPhoto GmbH in connection with Agfa-Gevaert’s carve-out and contribution of its entire consumer imaging business (photography division) to AgfaPhoto GmbH in 2004. The Arbitral Tribunal ordered the insolvency receiver of AgfaPhoto GmbH to pay to Agfa-Gevaert approximately 38 million euro plus interest for costs incurred in the arbitration.
Subject to stringent requirements, the insolvency receiver of AgfaPhoto GmbH may file a request for annulment of the award before a German court within the next 3 months.
Agfa expects to successfully close this period and to work further on the growth strategy of the Agfa-Gevaert Group.