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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)

Source: www.thereporterethiopia.com

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