Mobil Oil Cameroun & Arno concluded a contract of exclusive distribution of lubricants of “ESSO” mark. Arno asks for damages because of an abusive breach. The Tribunal decided that Libya Oil should pay Arno an amount of money. The court of appeal of Littoral had cancelled the arbitral award because the place of arbitrage wasn’t the one chosen by the parties. So Arno went to cassation.
Appeal dismissed. Arno will be bearing the costs. There is no error as to the decision of the court of appeal of Littoral.
The Tribunal Arbitrator has made an award which condemns Mali to pay CFAO 672.686.018, 50 FCFA. Mali request for the cancellation of the award at the CCJA because of the absence of a convention for the arbitration.
The arbitration award has been cancelled of the absence of a convention for the arbitration between the parties. CFAO will be bearing the costs
Transrail S.A concluded a convention for the technical assistance and a subcontract with CANAC Senegal& CANAC Railways Services Inc. The Tribunal of commerce of Bamako declared the nullity of the conventions and condemned CANAC Railways Services Inc & CANAC Senegal for the payment of 3 billion eight hundred million FCFA. Bamako’s court of appeal confirmed the judgment.They went to the CCJA.
The court has invalidated the decision of the Tribunal of commerce of Bamako. The court has declared its incompetency and the parties are sent to lower courts. Transrail will be bearing the costs.
A consortium comprising of SCP Pyramidion, Ben Milled, Pyram and Siraba concluded a contract with Agetier-Mali. A dispute arose between the parties during the execution of this contract, and Agetier-Mali terminated the agreement. SCP Pyramidion deemed this an unlawful termination and applied to the CCJA for arbitration. The arbitral tribunal dismissed SCP Pyramidion’s claims, and ruled in favor of the defendant. SCP appealed the decision.
Mr. NGALLE created the IBC, a company that acquired 51% of the capital of SNH, and 10% of SNH Personnel. The parties signed an MOU for the construction of industrial steel in Cameroon, IBC claimed that the SNH had failed to fulfill its commitments, and filed an application for arbitration at the CCJA.
The unilateral termination by the Republic of Guinea of its agreement with GETMA, who was awarded the concession for the Conakry Container Terminal, led the company to bring a case before the CCJA. The arbitral tribunal ruled in favor of GETMA, ordering Guinea to pay damages. Guinea applied to set-aside the award before the CCJA.
The Society de Participation S.A (SCP), whose capital is held entirely by Mr. Talon, acquired 33.5% of the shares of SODECO, a Cotton Development Corporation. The State transferred 17.5% of shares to SCP. It further renounced the sale of the 48.9% of shares it owned in SODECO, withdrew and resumed the carrying of 17.5% of the shares that had been transferred to SCP, and suspended the Convention establishing the Cotton Development Corporation. The SPC and Mr. Talon filed an application for arbitration at the European Court of Justice. The Arbitral Tribunal ultimately deemed the State to be at contractual fault. The State appealed the award.
The arbitral award was set aside, and the application for enforcement, dismissed.
Benin Control SA and the State of Benin signed a contract. The State’s suspension of the aforementioned contract led Benin Control to submit an application to the CCJA for arbitration. The Arbitral Tribunal, which found the State to be at contractual fault, ruled in favor of the Claimant. Benin Control solicited the enforcement of said sentence through the present application. The State appealed the award.
The application was dismissed, and the earlier award enforced.