Ethiopian Court orders stay of execution on Consta JV v. Chemin de Fer Djibouto-Ethiopien award
After a €20 Million award was made in favor of the Claimant Consta Joint Venture in a PCA arbitration seated in Addis Ababa, the Defendant, Chemin de Fer Djibouto-Ethiopien appealed the decision before Ethiopian courts.
The Defendant appealed before the Cassation Court of Ethiopia citing a fundamental error of law stating that the arbitrators have misunderstood and misapplied Ethiopian Law which was the governing law of the arbitration.
The Cassation Court has now issued a stay of execution on the award until it makes a final decision. It is to be noted that the award was made by a majority vote and one of the arbitrators has written a dissenting opinion.
The dispute concerned a repair works contract financed by the European Development Fund and was filed in July 2013.
The members of the Arbitral Tribunal are:
Professor Eduardo Silva Romero (Presiding Arbitrator)
Professor David Arias
Professor James Thuo Gathii
Consta Joint Venture is represented by:
Prof. Luca G. Radicati di Brozolo
Avv. Michele Sabatini
ARBLIT - RADICATI DI BROZOLO SABATINI
Chemin de Fer Djibouto-Ethiopien is represented by:
Dr. Zewdineh B. Haile
Prof. Won Kidane
ADDIS INTERNATIONAL ARBITRATION GROUP LLP (AIAG)