SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16 OF
THE SECURITIES EXCHANGE ACT OF 1934
For the month of September 2007
Commission File No. 333-05752
CNH GLOBAL N.V.
(Translation of Registrants Name Into English)
World Trade Center
Tower B, 10th Floor
Amsterdam Airport
The Netherlands
(Address of Principal Executive Offices)
(Indicate by check mark whether the registrant files or will file
annual reports under cover of Form 20-F or Form 40-F.)
Form 20-F X Form 40-F
Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule101(b)(1): o
Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule101(b)(7): o
(Indicate by check mark whether the registrant by furnishing the
information contained in this form is also thereby furnishing the
information to the Commission pursuant to Rule 12g3-2(b) under the
Securities Exchange Act of 1934.)
Yes No X
(If Yes is marked, indicate below the file number
assigned to the registrant in connection with Rule 12g3-2(b): 82- ___.)
CNH GLOBAL N.V.
Form 6-K for the month of September 2007
On September 21, 2007, CNH Global N.V. (CNH) submitted a response in a consolidated
arbitration proceeding (the Arbitration) pending in London before the ICC International Court of
Arbitration. The Arbitration arose under a Services Agreement between CNH and PGN Logistics Ltd
(PGN), pursuant to which PGN provided specified logistics services for CNH in Europe. The
dispute arose following CNHs termination of the Services Agreement in January 2005 and involves
CNHs right to terminate (based upon alleged breach of contract and illegal activities) as well as
invoices under the Services Agreement that were disputed by CNH and unpaid. The Tribunal in the
Arbitration issued a partial decision on liability issues, finding, among other things, that CNH
was not permitted to terminate the Services Agreement and that PGN was entitled in principle to
recover amounts properly owed to it at the time of termination as well as additional damages that
PGN may establish it has suffered for lost profits.
Further proceedings will take place before the Tribunal relating to the amounts to which PGN
may be entitled to receive from CNH as a consequence of the claims asserted in the Arbitration.
The hearing before the Tribunal on these issues is scheduled to commence on October 8, 2007, and
CNH expects a final resolution of these issues approximately eight to twelve weeks after conclusion
of the hearing. PGN has advanced a variety of theories purporting to substantiate damages for lost
profits and other items. CNH believes that many of these theories are unsupported by the facts or
by substantial legal authority and intends to vigorously dispute PGNs entitlement to damages with
respect to certain claims and certain of the methodologies employed by PGN in purporting to
substantiate its damage claims. In its response to the Tribunal, CNH asserted that the total
amount of PGNs loss for which CNH is liable under the Award is £27.4 million. However, CNH cannot
predict the ultimate disposition of the remaining issues in the Arbitration, and the ultimate
amount awarded to PGN could significantly exceed that amount.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
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CNH Global N.V.
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By: |
/s/ Michael P. Going
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Michael P. Going |
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Senior Vice President, General Counsel
and Secretary |
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September 24, 2007