ENFORCEMENT

France

 

Case
Summary
Final Decision

Bec Frères & Grands Travaux d’Afrique are asking for the withdrawal of the court from the declaration for review. The arbitral awards are declared enforceable by the president of the Tribunal of the grand instance of Paris. The court of appeal of Paris has confirmed the court order of execution of the award and the ministry of Equipment of Tunisia was condemned to pay some amount of money to Bec frères & to Grands Travaux d’Afrique.
Bec frères & to Grands Travaux d’Afrique request was accepted.

Case
Summary
Final Decision

Bec frères SA & la Société Grands Travaux d’Afrique (respondents) by a contract, a grouping of companies to execute jointly & severally works which BEC was the agent. Dispute arose. The Tribunal made an award in favor of the grouping. The Ministry of Equipment was condemned to pay some amount of money to the grouping.
the junction of the procedures under no.92.023638 and 92.023639 was ordered. The orders for execution of the award were confirmed. The Ministry of Equipment was condemned to pay for the Grouping 100.000francs. Other claims of the parties have been dismissed. The Ministry of Equipment will bear the costs.

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Summary
Final Decision

Court of cassation
Nord Afrique de navigation (CNAN) has rented two boats to Nouvelle France Navigation (CNFN). CNFN is asking for a stay proceeding, based on what has been introduced to the Tribunal of Commerce, which has been referred to the Division of the Bank of Reine & it confirmed it. The appeal against this decision has been rejected by the High Court of London. The umpire issued an award which condemns CNFN and the award was made enforceable in France by the Tribunal’s order. CNFN, Cofrapar and other people are asking for the decision to be revoked.
The judges of the appeal couldn’t claim the right of revision which they don’t have. So the appeal brought against the judgment has been dismissed.

Case
Summary
Final Decision

MAMBO (applicant) filed an appeal to cancel the arbitral award which condemns him to pay to Compagnie Malienne Pour Le Développement Des Textiles (CMDT, respondent) 1.952.000 €.
Mambo’s claim has been rejected. The applicant shall bear the cost of proceeding and pay to 3.000€ to the respondent.

Case
Summary
Final Decision

Groupe Tomota SA signed with Mali a MOU setting out terms & conditions of the shares. Dispute arose. Tomota has submitted a request for Arbitration to the CCJA which has rendered an award which says that Mali was in violation of the contract. The award was made enforceable in France. Mali has appealed against this decision. Meanwhile Mali has made recourse against the arbitral award before the CCJA.
The Tribunal’s order which has made enforceable the award has been confirmed. Mali will be bearing the costs of proceeding and the payment of 50.000euros to Tomota.

Case
Summary
Final Decision

By affermage contract , Cameroon has entrusted to Projet Pilote Garoube (respondent) the exploitation of a protected area to create a ranch for the improvement of the wildlife, for the production if meat and for the ecotourism. The contract has been interrupted; Garoube stopped the exploitation and transferred its seat to Belgium, then filed for arbitration to the International Chamber of Commerce (ICC, appellant). By an error of payment of the additional provision due on the 24th of June 2014, the ICC informed Garoube and Cameroon that their application is considered as withdrawn and that the tribunal has been required to cease its activities. Garoube has summoned the CCI to the tribunal de grande instance of Paris as a ‘’juge d’appui’’ and he has passed an order. The association of the International Chamber of Commerce has appeal against this decision.
The order made by the president of the Tribunal de Grande instance de Paris has been cancelled because of excess of power. The respondent will be bearing the cost of proceeding. Rest of the application has been dismissed.

Case
Summary
Final Decision

The Republic of Congo (applicant) and Commission Import-Export (Commisinpex, of the respondents) have concluded several public work contract and supply of materials. The Tribunal said that the needs of the international public order are opposed to the effect that will be created, in the arbitral proceeding, by the liquidation of Commisinpex. Has also realized the defects of the liquidators. It has rejected the claim of reimbursement of the costs for liquidation in the arbitration and it has declared itself incompetent to see the other claims of Commisinpex. It has condemned Congo to pay Commisinpex 222.749.598 euros. Congo has appealed against this decision.
The application has been rejected. The claim to cancel the award has been rejected also. Congo has to pay 100.000euros to Commisinpex

Case
Summary
Final Decision

Congo and the Société Nationale d'électricité (SNEL, plaintiff), appealed against the order made by the president of the Tribunal de grande instance of Paris giving enforcing the arbitral award rendered in Zurich under the aegis of the international court of arbitration of the international Chamber of commerce by the Arbitral Tribunal in the dispute against FG Hemisphere Associates LLC (defendant). Pre-trial Advisor said the appeal of SNEL obsolete but rejected the request of FG Hemisphere to declare null and void the appeal of the DRC. SNEL has brought the order for enforcement of an award made abroad.
The claim of the plaintiff was rejected; The order has been confirmed in the RG 11/20732 instance. SNEL was sentenced to pay 5,000 euros to FG HEMISPHERE and bear the costs.

Case
Summary
Final Decision

FG Hemisphere (Defendant) approached the advisor in order to render inadmissible the appeal of the Société nationale d’électricité (SNEL, defendant).  The SNEL contested the advisor ability to make an award on the admissibility of the appeal. The advisor of the setting in.
Appeal was rejected. The ordinance of February 12th, 2015 returned in authority RG11/20732 was confirmed. Applicant will bear the costs of litigation and will pay to the defendant 5,000 euros.

Case
Summary
Final Decision

Wireless Network SPRL (CWN, demanderesse), et Vodacom International Ltd (VIL, défenderesse) ont conclu le 24 octobre 2001 un contrat de co-entreprise afin de mener conjointement des opérations de téléphonie mobile en République Démocratique du Congo (RDC) et ont créé à cette fin, par acte constitutif la société Vodacom Congo Sprl RDC. Un différend était survenu entre les actionnaires. Par une sentence rendue à Bruxelles le 6 septembre 2013, le tribunal arbitral a condamné CWN à verser à VIL la somme cumulée de USD 204.207.775,28 et à rembourser à VIL 80% de ses frais de défense. Le Tribunal arbitral a rendu un addendum à la sentence (l'addendum).
Dit n'y avoir lieu de surseoir à statuer. Les ordonnances du 8 octobre 2013 et 28 mars 2014 rendant exécutoires en France la sentence arbitrale rendue le 6 septembre 2013 et l'addendum du 8 décembre 2013 ont été confirmé. CWN a été condamné à payer à la société Vodacom International Limited, la somme de 100.000 euros. Le surplus des demandes a été rejeté.

Case
Summary
Final Decision

Vodacom International Ltd (VIL, defendant) entered into a joint venture, Vodacom Congo SA (VDRC, defendant), Vodacom Congo SA with a local phone operator, to be established in the Democratic republic of Congo (DRC). VIL concluded two contracts of consultancy with Namemco Energy ltd (Applicant), having a south African single shareholder, Mr. Y Z (applicant). Dispute arose and there has been a long legal procedure.
The junction of the files recorded under numbers RG 15/24366 & 15/24578 were ordered. The application for annulment of the Paris was rejected. The order for the enforcement of the December 14th, 2015 award was confirmed. The request for damages for abusive procedure was rejected. The applicants were condemned in solidum at the expense and to pay each one of the defendant 80,000 euros.

Case
Summary
Final Decision

On June 5th, 2008, the Democratic Republic of Congo (DRC, defendant) concluded with Customs & Tax Consultancy LLC (CTC, applicant), a contract on there reorganization of the Office  of the Customs and Excise duties (OFIDA) to improve the  effectiveness of coverage by the Congolese State of its customs  receipts. A dispute arose. In Paris, on July 22nd, 2015, the arbitration court delivered an award in favor of CTC. The DRC requires the court to cancel it, as well as the addendum, to cancel CTC’s application and to condemn it to pay the sum 100,000€. It pleads the violation of the international public order resulting from the absence of competition before the signature of the contract.
The junction of the files recorded under n° RG 15/17442 and 15/23790 were ordered. The recourse incidents are without object. The application for total cancellation and for the partial cancellation of the Paris award was rejected. The DRC will bear the costs of proceeding and to the pay CTC 50,000€

Case
Summary
Final Decision

General Egyptian Petroleum Corporation (EGPC, Appellant) and National Gas Company (NATGAS, Respondent) concluded a contract from adduction of natural gas for to supply residential & industrial area, as well as the power plants located in Al-Sharqiyah. NATGAS having subscribed, for the financing of the operation, the loans made out in US dollars and euros, the parity modification of the Egyptian pound, decided by the Egyptian authorities by a decree, has given weight to the financial expenses. The refusal of EGPC to support this extras expense led NATGAS to present a request for arbitration which made an award in its favor.
The application for enforcement of the award was confirmed. EGPC was condemned to pay 60,000€ to NATCAS. EGPC was condemned to bear the costs of proceeding.

Case
Summary
Final Decision

The Commercial Bank of Guinea Equatorial (CBGE, respondent) signed a 'Convention of establishment' with the Republic of Guinea Equatorial (appellant). The absence of delivery of approval by the Central Bank of Africa (COBAC) and the Monetary authority of the Republic of Guinea Equatorial led to disputes. The CBGE implemented the arbitration. The award of May 24th, 2009 in Libreville (Gabon) condemned the Republic of Guinea Equatorial to pay CBGE an allowance of a global amount of 42,426,250002 FCFA under the shortfall which it underwent and of 3,252,566 488FCFA in repair of its material loss. The CBGE having requested the enforcement of the award in front of the CCJA, the Republic of Guinea Equatorial wants to invalidate it. In parallel, the delegate of the president of the Court of Bankruptcy of Paris made the award enforceable. The Republic of Guinea Equatorial appealed against it.
The exceptions of procedure raised by the Republic of Guinea Equatorial were rejected. The order for enforcement delivered at Libreville was confirmed. The Republic of Guinea Equatorial was condemned to pay 70.000€ to CBGE. The Republic of Guinea Equatorial will bear the expense of the litigation.

Case
Summary
Final Decision

Under the terms of an award delivered in Geneva, Globecast France (appellant), was condemned to regulate in the office of broadcasting and television of Cameroon (CRTV, respondent) the sums of 378,302.24 € and 65,000 euros, within the framework of a bearing litigation on the conditions of the cancellation of a contract concluded between these parties, relating to the diffusion by satellite of audiovisual programs, bound for Africa on a digital platform. Globecast disputed the cogency of this   cancellation and has notified CRTV about it. Globecast France presented a request for arbitration near the international chamber of commerce. It claimed the payment of 378,302.24 € by CRTV. The latter disputed this requests and required the observation of the cancellation of the contract, and the payment of 1,429,392 € as damages and the refunding of the guarantee provided by the CRTV to height of 378,302.24€. The international court of arbitration of the international chamber of commerce named a single referee, who passed a sentence in favor of CRTV.
The order for the enforcement of the award passed on June 11th, 2009 was confirmed. CRTV’s claim for damages for abusive procedure was rejected. Globecast France was condemned to pay to CRTV 6,000 €. Globecast France was condemned at the expense of the proceeding.

Case
Summary
Final Decision

The Refining Company of Ivory Coast (appellant) seized by an appeal against the award and to the invalidation of the enforcement of it because it was in violation of the international public order and in particular the imperative provisions of bilateral convention of France and the Ivory Coast. It was requested to condemn the companies Bona Shipholding  (respondent), Teekay Shipping Norway Teekay Shipping Canada (appellant), Standard Steamship Owner's Protection & Indemnity Association (appellant) & Mr. Atle Lexerod (appellant),  captain of the ship Teekay Fountain to pay him 60,000 € as damage for abusive procedure, and bear the costs. The respondents ask to confirm the order for the enforcement of the award; to condemn the Refining company of the Ivory Coast to pay 60,000 € as damages for abusive procedure, and bear the expense of the proceeding.
The application of incompetence was rejected. The order for the enforcement of the award was confirmed.  The appellant was condemned to pay 60.000€ to the respondents. Any other request was rejected. The appellant will bear the cost of proceeding.

Case
Summary
Final Decision

The Agency for the air safety in Africa and in Madagascar  (Asecna) made objection to the stop attacked (Paris, April 8th, 1999) to have rejected its dispute of the garnishment practiced  against it under the terms of an award delivered to its profit in  Dakar and having received the order of enforcement in OYE France. It is up to the judge to check the regularity of the ratification of the international treaties.
The Franco-Senegal agreement of February 16, 1994, which reserves the possibility of the measures of execution of the enforcement of an award execution when this decision is not suitable for execution  in its country of origin against the State or the public, aims at the  court orders, and is thus not applicable to the awards. Thus, a measure for execution can be applied in France on the base of an award delivered in Senegal, in an internal litigation, against a company whose purpose is the exploitation of a concession of public service.

Case
Summary
Final Decision

The appeal of the Agency for the air safety in Africa and in Madagascar (ASECNA), in cassation of a judgment delivered by the Court of Appeal of Paris, assure the enforcement of an award delivered in Dakar in the litigation opposing it to Mr.Doye in connection with the conditions of its dismissal, whereas it’s not an international sentence but a sentence of Senegalese internal rights. The Court of Appeal precisely  decided that the French right of the international arbitration, favorably, was to be implemented, the means called upon by the ASECNA, drawn from the not-executor character of the sentence because of the exercise, in Senegal, of a suspensory appeal, could not be accommodated.
the means is not thus founded rejects the appeal.

Case
Summary
Final Decision

Mr. Doye Issakha (respondent) objects the decision of the Agency for the air safety in Africa and in Madagascar (ASECNA, appellant), to be put it in retirement. The referee condemned ASECNA to pay to Mr. Doye the sum of 121,819,045 CFA as damages for abusive procedure and ordered the provisional execution to the amount of 25.000.000 CFA. ASECNA appealed against this decision; which rendered a decision of incompetency and ordered the parties to litigate in front of the Council of Arbitration. The appeal against this decision made before the Court of appeal of Senegal was rejected because of delay. The Court of Appeal of Paris confirms this decision and condemns ASECNA to pay 5000F. The Judge of the execution of the Court of Bankruptcy of Paris rejected the dispute and condemns ASCENA to pay to Mr. Doye 10.000F. ASECNA appealed against this decision.
ASECNA’s appeal was received. Confirm the judgment which has rejected the dispute of the ASECNA and condemned it to pay Mr. Doye 10.000F. Condemn the ASECNA to pay Mr. Doye 18,000F. ASECNA will bear the costs.

Case
Summary
Final Decision

The National company of fertilizers and the Plant-health Products (ASMIDAL, respondent) and the French Company of Studies and Construction TECHNIP (TECHNIP, appellant) and in addition ENSA and the Company Creusot-Loire Undertaken (KEY) then TECHNIP, concluded a contract for construction, in Raze, a complex of the production of ammonia & nitrate fertilizers. The industrial complex could not function in accordance with the contractual forecasts. Indeed the parties have concluded another contract for the renovation of the factory. While resuming the factory, two serious incidents have occurred. ASMIDAL then filed a request for arbitration. The court delivered a partial award deciding in particular that TECHNIP was responsible for the incidents and that, for the lack of justified & formal notice, TECHNIP and KEY could not be held responsible for the in achievement of targeted production.
The order for enforcement of the award was confirmed. TECHNIP was condemned to pay ASMIDAL 100,000 francs. Any other request was rejected. TECHNIP will bear the cost of proceeding.

Case
Summary
Final Decision

By contract of work, Mr. Issakha N'Doye (respondent) was hired, as coaching agent, by the Agency for the Safety of Air Navigation in Africa and Madagascar (ASECNA, appellant). The latter carried to his dismissal in indicating that the Senegalese regime of pensions imposed a retirement at the age of 55 years. Estimating its unfair dismissal, ASECNA having committed to maintain respondent until the age of 60 years by way of derogation from the general system of retirement. The arbitrator made an award in favor of the respondent which will be enforced in France by order of July 8, 1996. ASECNA appealed against this decision.
The order made on the 8th July 1996, for the enforcement of the award was confirmed. ASECNA was condemned to pay to Mr. N'Doye 5,000 F. The appellant was sentenced to pay the costs of proceeding.

Case
Summary
Final Decision

The Arab Republic of Egypt has concluded with the Chromalloy Gas Turbines Corporation (CHROMALLOY) a contract drawn up in English and submitted to the Egyptian law of supply of materials and services and technical assistance for the management and maintenance of its fleet air military. As a result of the termination of this Convention served by the Arab Republic of Egypt, in conditions disputed by the company Chromalloy, it has implemented the arbitration procedure provided by the parties and by an award of 24th of August 1994 made in Cairo, the arbitral tribunal has rendered for the majority an sentence which condemns the defendant, the Arab Republic of Egypt to pay to the plaintiff, Chromalloy Aero-Services, different sums of money. The Arab Republic of Egypt has appealed.
The order has been confirmed in all its provisions. The Arab Republic of Egypt’ application has been dismissed and condemned to pay 50.000 FRS to Chromallogy. The Arab Republic of Egypt is condemned to cover the costs of proceedings.

Case
Summary
Final Decision

Transrail SA has requested the cancellation of the conventions of assistance of subcontracting with CANAC Inc (appellant). By a judgment of the Court, the Court of Appeal of Bamako has confirmed the judgment of the Tribunal of Commerce which has condemned Canac Railway Services Inc. and the society Canac Senegal to pay him the overall sum of 3.800.000.000 FCFA. This judgment was the subject of an appeal in cassation before the Common Court of Justice and Arbitration of the OHBLA by CANAC. The Tribunal de Grande Instance of Paris, asked by the company Transrail SA, has declared enforceable in France the judgment of the Court of Appeal of Bamako. In view of the appeal and the conclusions of the society which CANAC requests the Court, in limine litis, to stay the proceedings pending the judgment of the Common Court of Justice and Arbitration, at the bottom of reverse the judgment undertaken, to say that the judgment of the Court of Appeal of Bamako from 4 August 2010 does not fulfill the conditions for obtaining the exequatur in France, to dismiss Transrail bits of its applications and to condemn it to pay him 30'000 € in the title of the Article 700 of the Code of Civil Procedure; Having regard to the conclusions of the 10 October 2013 of the Society of Malian law Transrail its Tending to main title, the rejection of the debates of the conclusions served on 8 and 9 October 2013 by CANAC, alternatively to the inadmissibility of the application for stay of proceedings, more alternatively to the rejection of this request, and in any case, the confirmation of the judgment undertaken, to the rejection of the opposing claims and the conviction of the appellant to pay him 50'000 € in the title of the Article 700 of the Code of Civil Procedure.
Confirms the judgment. The request of rejection of the conclusions of the society Canac Railway Services Inc of 8 and 9 October 2013 lacks object. The stay of proceedings was admissible but without bases; Condemns the Canac Railway Services Inc. to pay the costs of litigation and to pay the sum of 8.000 € to the society Transrail.

Case
Summary
Final Decision

The company TRANSRAIL (the applicant) seeks the declaration of enforceability in France of the judgment of the Court of Appeal of Bamako, which affirmed the judgment of the Tribunal of Commerce of Bamako, which has condemned the society CANAC (Defendant) and society Canac Senegal to pay him the sum of 3.800.000.000 FCFA, at Title of sums unduly paid on the occasion of a sub-contract and technical assistance and to damages and interest. On its side, the company CANAC has obtained an arbitral award made under the auspices of the International Chamber of Commerce which condemns the French company Advens. However, in application of the judgment of the Tribunal of Commerce together with the provisional execution, the company TRANSRAIL, the creditor of the company CANAC, had to carry out two seizures conservatories in the hands of society Advens and Mr. Jaber, of the debt which the company Canac was the holder in respect of the latter. The company CANAC seeks the stay of proceedings pending the judgment, which will be rendered by the Common Court of Justice and to the arbitration of the OHBLA, caught in an appeal against the judgment of the Court of Appeal of Bamako.
Application for a stay of proceedings redetected. Returns the examination of the case and the parties to the hearing of 6 June 2012.

Case
Summary
Final Decision

TRANSRAIL wants the judgment of the Court of Appeal of Bamako to be declared enforceable in France. The judgment affirms the judgment of the Tribunal of Commerce of Bamako, which has condemned the society CANAC and society Canac Senegal to pay him the sum of FCFA 3.800.000.000. This judgment was the subject of an appeal in cassation. CANAC has obtained an arbitral award made under the auspices of the International Chamber of Commerce condemning the French company Advens. However, in application of the judgment, with the provisional execution, the company Transrail Investments, a creditor of the company CANAC, did conduct in the hands of society Advens and Mr. Jaber, two conservatories seizures of the debt Canac’s holds.
Rejects the application on incompetency. Accepts the demands of Transrail-SA and the incidental requests of CANAC Inc which became Canac Rail way Services Inc and Canac Senegal. Declare the nullity of the Convention for technical assistance and the sub-contract. Said and judge that Canac Inc become Canac Railway Services Inc and Canac Senegal remain duty the sum reliquataire 3 billion FCFA. Canac Inc which becomes Canac Rail ways Services Inc and Canac Senegal has to pay to Transrail three billion FCFA in settlement of this account, and that of eight hundred million FCFA as damages and interest.

Case
Summary
Final Decision

The contested judgment has ordered the release of the seized-powers practiced by the company Canac Railway against the company Advens and Mr. X... as devoid of effect, on grounds made unavailable to the fact of previous seizures carried out by the Society Transrail under a judgment of the Court of Appeal in Bamako affirming a judgment of the Tribunal of Commerce of the same seat. The CCJA of OHADA has broken the judgment of the Court of Appeal of Bamako, and, acting on the merits, reversed the judgment of the Tribunal of Commerce of Bamako. The judgment is thus deprived of legal basis.
The judgment has been cancelled by the Court of Appeal of Paris. There was no need to reference or to release of seized-powers. The demands of society CANAC were rejected. The companies Transrail and Advens as well as Mr. X...are ordered to pay the costs of litigation, including those incurred before the judges on the merits. The claims of TRANSRAIL, Advens and Mr. X...have been dismissed and are condemned to pay to Canac the overall sum of EUR 3 000.

Case
Summary
Final Decision

The contested judgment declared enforceable in France a judgment of the Court of Appeal in Bamako affirming a judgment of the Tribunal of Commerce of the same seat which condemned the Canadian Society Canac Railways services to pay various amounts to the Malian society Transrail. The CCJA of OHADA has broken the judgment of the Court of Appeal of Bamako, and, acting on the merits, reversed the judgment of the Tribunal of Commerce. The judgment is thus deprived of legal basis.
The judgment by which the Court of Appeal of Paris has declared enforceable in France the judgment of the Court of Bamako from 4 August 2010, has lost legal basis. As a result, the judgment must be broken and canceled. The enforceability of the decision rendered by the Court of Appeal of Bamako could not be ordered without violating the principle of adversarial proceedings. In granting the enforcement of the judgment of the Court of Appeal of Bamako by retaining that it was the result of the packing slip of parts communicated before the Tribunal of Commerce of Bamako and the discussion of the society Canac before the Court of Appeal that the report of the Cabinet Deloitte had been communicated, without responding to the key means of society Canac concerning other parts covered by the Society Transrail it’s in its scriptures, but not communicated, the Court of Appeal has not satisfied the requirements of Article 455 of the Code of Civil Procedure.

Case
Summary
Final Decision

By judgment, the Tribunal of Commerce of Bamako has condemned Canac Railway Services Inc (defendant) to pay Transrail SA (Applicant) 3 000 000 000 CFA francs in principal and that of 800 000 000 CFA francs as damages. By a judgment, the Court of Appeal of Bamako has confirmed this judgment. Canac has lodged an appeal against that judgment before CCJA, OHADA, which has broken the judgment made by the Court of Appeal of Bamako and reversed the judgment rendered by the Tribunal of Commerce of Bamako.
Ordered the stay of proceedings pending the judgment which will be rendered by the CCJA of the OHADA in the framework of the appeal on 13 November 2013 by Canac Senegal SA and Canac Railway Services Inc against the judgment of 26 June 2013 by the Court of Appeal in Bamako. Cancel society Transrail’s request for a reference to the implementation. Condemns the society Transrail SA to pay the costs of this instance.

Case
Summary
Final Decision

The Commerce Tribunal of Bamako had condemned CANAC to pay Transrail (appellant) 3 800 000 000 CFA francs. Transrail has applied conservatories seizures to the conversion of allocation entered with a request for payment for 5 804 651, 96 euros between ADVENS and Mr. Abbas Jaber. The judge for the execution of the Tribunal de Grande Instance of Paris has rejected the application for the release of these seizures and dismissed Canac of the entirety of its means of challenging the acts of conversion in the entered allocation.
The junction of the instances under the numbers 12/22420 and 12/22427 has been ordered. Confirmed judgment in that it has dismissed the claim for damages and interests formed by Transrail; dismissed the counterclaim for damages and interest formed by Mr. Abbas Jaber and by ADVENS; dismissed the counterclaim for damages and interest formed by CANAC. Awarding again, an order for the release of seized powers practiced on 5 and 6 July 2012 by the company Canac against the company Advens and Mr. Abbas Jaber. Rejects the parties of their requests further or to the contrary. Condemns Canac to bear the expenses of the first instance and appeal.

Case
Summary
Final Decision

By a partial Award in Paris, the arbitral tribunal, in the dispute opposing Group Antoine Tabet (GAT, Applicant), to the Republic of the Congo (Defendant), ordering GAT, give, within fifteen days of the notification of this partial award, to Total Fina Elf E&P Congo (with a copy to the Republic of the Congo). The Arbitral Tribunal said that any amount exceeding €16.007.146,81 that Total Fina Elf E&P Congo could be brought to pay at GAT in the execution of a judicial decision rendered by a Switzerland court. The enforcement of this arbitral award has been the subject of an appeal which was dismissed by the Court of Appeal of Paris.
The action for annulment of the Procedural Order No. 10 of 11 December 2003 was rejected. GAT was condemned to pay 30,000€ to the defendant. Rejects any other request. The applicant was sentenced to pay the costs of litigation.

Case
Summary
Final Decision

Group Antoine Tabet (GAT, applicant) has concluded with the Republic of the Congo (Defendant) two conventions with the aim of financing of public works entrusted by the Congo to the Company Africa Tabet (AET), a subsidiary of GAT. It was agreed by the parties and accepted by ELF Congo, that the latter would provide a guarantee of reimbursement, which will be taken from the pre-payment for the mining of which it is the debtor with respect to the Republic of the Congo. Disputes arose so Congo filed a request for arbitration to the International Chamber of Commerce. Several partial awards have been rendered by the arbitral tribunal and have been referred to the Court. The present action for cancellation is directed against the award of 27 February 2008.
Rejects the request of GAT tending to remove the debates the Exhibit No. 13 of Congo. Rejects the application for annulment of the sentence No. 4 of 27 February 2008. Condemns GAT to pay Congo 100.000 euros. Rejects the claim made by GAT invoking Article 700 of the Code of Civil Procedure. The company GAT was ordered to pay the costs.

Case
Summary
Final Decision

Group Antoine Tabet (GAT) has made financial agreements with the Republic of the Congo. Congo has found an oil company which will pay the loan when due. A dispute is born, the oil company, which had ceased to pay, was sentenced by the Swiss courts, to pay to GAT a sum greater than 64 million Swiss francs. The appeals were dismissed by two judgments. There have been four sentences of different date.
The judgment of 14 January 2010 has been stowed away and canceled. The cause and the state in which the parties were before the said judgment has been put into considerations and to be done right, the parties are sent to the Court of Appeal of Versailles. The Republic of the Congo has been ordered to pay the costs and EUR 3 000 to GAT.

Case
Summary
Final Decision

Group Antoine Tabet (GAT), has to finance the public works, and has made financial agreements with the Republic of Congo. The latter has found an oil company, who has accepted, to pay the loan when due. A dispute arose. Congo believing they paid too much and the oil company which had ceased to pay, were sentenced by the Swiss courts to pay to GAT a sum greater than 64 million Swiss francs. These decisions have been declared enforceable in France; the appeals have been rejected by two judgments. Congo started a procedure of arbitration in Paris, at the ICC, requesting the reimbursement by GAT of the sums paid, according to it, without cause. Different awards have been made.
Rejects the appeal. Condemns the GAT to pay the costs proceedings. The decision of the arbitrator, ordering the logging of sums, cannot be the subject of such an appeal. It only builds the transitional period between the making of the arbitral award and the conclusion of a convention of receiver, ensuring the effectiveness of the award.

Case
Summary
Final Decision

Group Antoine Tabet (GAT), plaintiff, has concluded with the Republic of the Congo (Congo), defendant, a convention having for its object the financing of the rehabilitation of the road Mayama for 100 million FF. Disputes arose between the parties in the implementation of these conventions. By a sentence rendered intermediate in Paris, the arbitral tribunal has condemned Congo to pay GAT 16.007.146, 81 euros. By a judgment, the Court of First Instance of Geneva has condemned TEP Congo to pay GAT various amounts for a total principal amount of 73 million CFH. By an appeal of TEP Congo, the Court of Justice of Geneva has condemned the latter to pay GAT 49.271.538 euros. The appeal for revision of this decision introduced by Congo has been rejected by the Court of Justice of Geneva. The Appeal in Reform formed by the Congo before the Swiss Federal Court was also rejected. Believing that GAT had contravened the provisions of the sentence of 4 June 2002 by initiating a procedure in Switzerland without waiting for the outcome of the arbitration body, Congo has made request for provisional and protective measures before the arbitral tribunal. By a partial award made in Paris, the arbitral tribunal, in substance, directed at GAT to give TEP Congo, within fifteen days of notification of the award, written instructions and irrevocable to pay on an escrow account to be opened with the Bâtonnier of the Order of Lawyers of the Court of Appeal of Paris any sum exceeding 16.007.146, 81 euros that TEP Congo could be required to pay in the execution of a judicial decision of Switzerland, the interest being attached to the principal.
Declares inadmissible the action for annulment of the award so is the claim to say that this order is devoid of binding character. Condemns GAT to pay the costs. Condemns GAT to pay Congo 80,000 euros.

Case
Summary
Final Decision

The Group Antoine Tabet (GAT), plaintiff, has concluded with the Republic of the Congo (Congo), a financial convention. Congo has put Total Fina Elf E&P to pay the loan when due to GAT. Dispute arose. Different awards have been passed. Here is the decision of the cassation court.
Appeals have been rejected. Total Fina Elf E&P will bear the costs of proceeding. The claims are rejected.

Case
Summary
Final Decision

Group Antoine Tabet (GAT, applicant) has concluded with the Republic of the Congo (Defendant) two conventions with the aim of financing of public works entrusted by the Congo to the Company Africa Tabet (AET), a subsidiary of GAT. It was agreed by the parties and accepted by ELF Congo, that the latter would provide a guarantee of reimbursement, which will be taken from the pre-payment for the mining of which it is the debtor with respect to the Republic of the Congo. Disputes arose so Congo filed a request for arbitration to the International Chamber of Commerce. Several partial awards have been rendered by the arbitral tribunal and have been referred to the Court. The present action for cancellation is directed against the award of 27 February 2008.
Rejects the request of GAT tending to remove the debates the Exhibit No. 13 of Congo. Rejects the application for annulment of the sentence No. 4 of 27 February 2008. Condemns GAT to pay Congo 100.000 euros. Rejects the claim made by GAT invoking Article 700 of the Code of Civil Procedure. The company GAT was ordered to pay the costs.

Case
Summary
Final Decision

By a contradictory judgment delivered on 11 June 2004, which was appealed, the judge of the execution of the Tribunal de Grande Instance of Paris, brought by the Republic of the Congo, supported by the Company Total E&P Congo, a request to order Group Antoine Tabet, to enforce an arbitral award of December 8, 2003 of the International Court of Arbitration of the International Chamber of Commerce.
The French courts are declared competent to adjudicate the presence instance. The applications of the appellant are declared admissible. The arbitral award of 8 December 2003 has been declared not enforceable. The judgment has been confirmed not contrary to the present judgment. The appellant and the respondent were sentenced to pay to GAT 7,000 euros. All other requests of the parties have been rejected.

Case
Summary
Final Decision

Planor Africa (applicant) argued that since the award has been canceled by the CCJA the OHADA, it no longer exists and the request for its enforcement in France is inadmissible. Africa Planor supports the judicial decisions of Burkina Faso which have been integrated in the French legal order by the enforcement orders, which have become enforceable notwithstanding the appeals in cassation, and are irreconcilable with the award. The judgment of the Court of Appeal of Ouagadougou has accepted the request of Africa Planor tending to the exclusion of the Atlantic Society Telecom (Defendant). Atlantique Telecom cannot be excluded at once from the capital of Telecel Faso by the judgment of the Court of Appeal of Ouagadougou and maintained by the arbitral award, shareholder of 56% of the capital of Telecel Faso.
Reverses the order referred. Atlantique Telecom’s request for enforcement of the arbitral award made in Dakar on 5 August 2009 was rejected. Condemns Atlantique Telecom to bear the costs of proceeding and also for the payment of 30.000 euros.

Case
Summary
Final Decision

The Memorandum of Agreement (MOA) provided that Planor covered 44 % of the capital and gave 12% to Atlantic Telecom. A dispute arose in the execution of the MOA. By an award rendered in Paris on 9 September 2010, the arbitral tribunal has found that Planor had violated its obligations, ordered him to "proceed to steps to arrive at the closing of the commitments made by it in the MOA" and sentenced it to pay the costs of the arbitration. The enforcement of this award, by order of the President of the Tribunal de Grande Instance of Paris of 14 October 2010, was struck an appeal by PLANOR. Planor seeks the cancellation as well as the conviction of Etisalat to pay him the sum of 80,000 euros. It argued that the recognition or enforcement of the award is contrary to the international public order. ETISALAT seeks the dismissal of the appeal and the conviction of PLANOR to pay it the sum of 100.000.
The award made between the parties on September 9, 2010 has been canceled as well as the order of 14 October 2010 conferring the enforcement to this sentence. ETISALAT was condemned to pay to the company Planor 80,000 euros and to pay the costs.

Case
Summary
Final Decision

According to assignment delivered to the Atlantic Telecom &   the company Telecel Faso, on December 9th, 2010,  Planor Africa approached the president concerning the Court of  Bankruptcy of Paris ruling in the form of the summary procedures for purposes to intend to declare enforceable in France the award of February 27th, 2008 of the Court of  Bankruptcy of Ouagadougou and the judgment of May 15th, 2009 of the Court of Appeal of Ouagadougou (Burkina Faso) and to condemn the Atlantic Telecom to the payment of 5,000euros.
The request of PlanorAfrica was declared admissible. The judgment n°3 5/2008 made by the Court of Bankruptcy of Ouagadougou (Burkina Faso) on February 27th, 2008 and the  judgment n°030 of the 15/05//2009 made by the Court of Appeal of Ouagadougou on May 15th, 2009, were declared enforceable on the French territory. Atlantic Telecom was condemned to pay Planor Africa 5,000 euros and Telecel Faso 5,000 euros. The provisional execution was ordered. The Atlantic Telecom was condemned to bear at expense.

Case
Summary
Final Decision

The contested decision is that of the court of appeal of Paris, of December 4th, 2012. Shareholders of Telecel Faso concluded a pact fixing the rules of the company as well as the relations between shareholders. By a convention, the Atlantic Telecom gave to Planor Africa 44% of the actions of the capital of the Telecel Faso, responsible for the establishment and the exploitation with a mobile telephone network in Burkina Faso. The shareholders of Telecel Faso decided an increase in the capital, reducing to 20% the share held by Planor Africa and modified the composition of the board of directors. The president of the Court of Bankruptcy of Paris ordered the exequatur of the Burkinabe decisions, pursuant to the Cooperation agreement between France and Burkina Faso-Faso. The arbitration court, made up under the aegis of the CCJA of the OHADA, said not to take place other than the Atlantic telecom of the capital of Telecel Faso.
The judgment delivered on December 4th, 2012 was cancelled in all its provisions. Gives, consequently, the cause and puts the parties in the state they were before the aforementioned judgment and, to be made right, returns them before the Court of Appeal of Paris, composed differently. Planor Africa will bear the expense. The requests were rejects.

Case
Summary
Final Decision

The Court of Paris’s decision of January 17th, 2012 is contested. The shareholders concluded a pact fixing the operating rules from the company as well as the relations between shareholders. By a convention, Atlantic Telecom gave to Planor Africa 44% of its shares of Telecel Faso’s capital. The shareholders, on the 27th of January 2006, decided to increase the capital, reducing to 20% the share held by Planor Africa and modified the composition of the board of directors. The Court of Bankruptcy of Ouagadougou rejected the exception of incompetency because of the existence of an arbitration clause which Planor African either neither was informed of it, nor had not accepted it, ordered the exclusion of Telecom & Etisalat form the capital of Telecel Faso and the compulsory cession of their actions and fixed their price to be paid by PlanorAfrica. The appeal was rejected on June 10, 2010 by the CCJA of the OHADA. The president of the Court of Bankruptcy of Paris, on June 29, 2011, has granted the enforcement of the Burkinabe decisions but the latter was broken by the Final court of appeal. This cassation involves its cancellation consequently.
The judgment delivered on January 17th, 2012 was cancelled in all its provisions. Gives, consequently, the cause and puts the parties in the state they were before the aforementioned judgment and, to be made right, returns them before the Court of Appeal of Paris, composed differently. Planor Africa will bear the expense. The requests were rejects.

Case
Summary
Final Decision

The decision passed by the Tribunal de Grande instances of Paris, on June 29th, 2011, was contested. The shareholders of Telecel Faso concluded a pact fixing the management rules for the company as well as the relations between shareholders. By a convention, the Atlantic Telecom gave to Planor Africa 44% of its shares of the capital of Telecel Faso. The shareholders of Telecel Faso decided to increase the capital. The Court of Bankruptcy of Ouagadougou has, by judgment of February 27, 2008, confirmed by the judgment of May 15, 2009 of the Court of Appeal of Ouagadougou, and has cancelled the deliberations of the general meetings and the board of directors. And ordered the cancelation of the capital, at the trade registrar of Ouagadougou.
The judgment passed on the 29th of June 2011 was annulled and cancelled in all its provisions. Gives, consequently, the cause and puts the parties in the state they were before the aforementioned judgment and, to be made right, returns them before the president of the Court of Bankruptcy of Nanterre Appeal of Paris. Planor Africa and Telecel Faso were will bear the expense. The requests were rejects.

Case
Summary
Final Decision

The decision passed by the Tribunal de Grande instances of Paris, on June 29th, 2011, was contested. The shareholders of Telecel Faso concluded a pact fixing the management rules for the company as well as the relations between shareholders. By a convention, the Atlantic Telecom gave to Planor Africa 44% of its shares of the capital of Telecel Faso. The shareholders of Telecel Faso decided to increase the capital. By a convention the Atlantic Telecom gave to Planor Africa 44% of the shares of the capital of Telecel Faso. The shareholders of Telecel Faso decided to increase the capital, reducing to 20% the shares held by Planor Africa and modified the composition of the board of directors. The Court of Bankruptcy of Ouagadougou ordered the exclusion of Atlantic Telecom and ETISALAT of the capital of Telecel Faso and the compulsory cession of their actions and fixed their price to be paid by Planor Africa. The appeal was rejected on June 10, 2010 by the CCJA. ETISALAT, calling upon the inexecution of the draft-agreement, implemented the arbitration clause stipulated in the act and delivered a sentence on September 9th, 2010. 
The award of June 29, 2011 was annulled and cancelled, except in what it rejected the application for revocation of the assignment delivered to the ETISALAT company. Gives, consequently, the cause and puts the parties in the state they were before the aforementioned judgment and, to be made right, returns them before the president of the Court of Bankruptcy of Nanterre Appeal of Paris. The companies Planor Africa and Telecel Faso were condemns at the expense. The requests were rejects.

Case
Summary
Final Decision

Hemisphere is the defendant seeking the cancellation. It request is the National company of electricity (SNEL) will no longer be in the litigation; To refuse the incidental application of litigious withdrawal formed by the DRC and it considers it not admissible before the Court of Appeal who has to order the enforcement of the award in what it carries in the business and in what it is not linked sufficiently to the originating request. On the request for invalidation of the enforcement of the award, to say inadmissible the means drawn from the ignorance of the principle of contradiction, fault for resorting of having called upon it in front of the arbitration court, and subsidiarity, not well founded, to also reject the means drawn from the violation of the international public order, to nonsuit the DRC of its call and to note that this rejection confers the enforcement on the delivered award on April 30th, 2003 in Zurich. To condemn the DRC to pay 70,000. 
The court is no longer seized by the action for annulment formed by SNEL. The request for litigious withdrawal was declared inadmissible. The order for enforcement of the award delivered in Zurich between the parties in the case no.11441/KGA was rejected. The rejection confers the enforcement of the award. The request formed by Congo was rejected. Congo will bear the cost of proceeding and pay FG Hemisphere 70,000 euros.

Case
Summary
Final Decision

The Democratic Republic of Congo (DRC) and the Bosnian company, Energoinvest, concluded an agreement for the realization and the financing with 22.525 USD million from a hydroelectric development for the benefit of the national company from electricity (SNEL). The due date of the refund not having been honored, Energoinvest, initiated an arbitration. The arbitration court delivered an award which jointly condemned SNEL and DRC to pay Energoinvest the sum of 18,430 555.47 USD. DRC and SNEL lodged an action for the cancellation of the award. The advisor of the setting in state declared null and void the declaration of recourse of SNEL and cancelled Hemisphere’s request tending to see declared null and void DRC’s claim. The advisor declared admissible the recourse of the DRC and declared inadmissible the incidental recourse of SNEL. 
The request which tends, after an instruction of the business, with the release of resorting by the payment to the assignee of the accessory and various delivery prices is not understood in this litigation thus it is inadmissible. Considering that DRC was informed of the commitment of the arbitration procedure and also that DRC cannot made an objection on not having received the adopted timetable of procedure to which it deliberately chose not to appear. If DRC makes the point that it was in state of war during the arbitration, it was never mentioned of this circumstance to adjourn the litigation. Considering that DRC will be condemned to pay Hemisphere 70,000€.

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