Arbitral Digest

Matter

Autonomous Port of [Locality 2] (PAD) v [Locality 2] International Terminal (DIT) (Paris Court of Appeal RG 22/13862)

Case no.
24211/DDA/AZO
Applicable rules
2017 ICC Arbitration Rules
  1. 10 November 2020Arbitration

    10 November 2020Arbitration

    Partial Arbitral Award dated 10 November 2020

    International Chamber of Commerce

    Supporting details

    2 participants
    Port Autonome de [Locality 2] (PAD)
    [Locality 2] International Terminal (DIT)
    International Chamber of Commerce

    11 months and 30 days later · 364 days

  2. 9 November 2021Arbitration

    9 November 2021Arbitration

    Final Award dated 9 November 2021

    International Chamber of Commerce

    Supporting details

    2 participants
    Port Autonome de [Locality 2] (PAD)
    [Locality 2] International Terminal (DIT)
    International Chamber of Commerce

    5 months and 6 days later · 157 days

  3. 15 April 2022Arbitration

    15 April 2022Arbitration

    Addendum to the Final Award and Additional Award dated 15 April 2022

    International Chamber of Commerce

    Decision summary
    The tribunal corrected material errors in the final award and ordered PAD to pay DIT FCFA 1,675,315,832 excluding tax for the takeover of concessioned buildings, facilities and yards, with interest, plus interest on FCFA 3,973,187,515 for the takeover of stocks.

    Supporting details

    2 participants
    Port Autonome de [Locality 2] (PAD)
    [Locality 2] International Terminal (DIT)
    International Chamber of Commerce

    8 months and 26 days later · 270 days

  4. 10 January 2023France

    10 January 2023France

    Judgment of the Paris Court of Appeal in RG 20/18330 dated 10 January 2023

    Paris Court of Appeal

    Case no.
    RG 20/18330
    Decision summary
    The Paris Court of Appeal annulled the 10 November 2020 partial ICC award after rejecting the objection that the challenge was out of time, holding that the arbitral tribunal had been irregularly constituted.

    Supporting details

    2 participants
    Port Autonome de [Locality 2] (PAD)
    [Locality 2] International Terminal (DIT)
    Paris Court of Appeal

    1 year, 5 months and 9 days later · 526 days

  5. 19 June 2024France

    19 June 2024France

    Judgment of the French Court of Cassation dated 19 June 2024

    French Court of Cassation

    Citation
    No. 23-10.972
    Decision summary
    The French Court of Cassation rejected the appeal and upheld the finding that the arbitral tribunal had been irregularly constituted, thereby confirming the annulment of the 10 November 2020 partial ICC award.

    Supporting details

    2 participants
    Port Autonome de [Locality 2] (PAD)
    [Locality 2] International Terminal (DIT)
    French Court of Cassation

    5 months and 14 days later · 167 days

  6. 3 December 2024France

    3 December 2024France

    Judgment of the Paris Court of Appeal in RG 22/13862 dated 3 December 2024

    Paris Court of Appeal, International Commercial Chamber, Division 5 Chamber 16

    Case no.
    RG 22/13862
    Decision summary
    The Paris Court of Appeal recorded DIT's acquiescence to the ground that the arbitral tribunal was irregularly constituted and annulled the 15 April 2022 addendum to the final award and additional award. It did not decide the other annulment grounds and ordered DIT to pay PAD EUR 50,000 under article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    5 authorities · 14 participants
    Port Autonome de [Locality 2] (PAD)
    Representative
    Frédérique Etevenard (For: Port Autonome de [Locality 2] (PAD))
    Representative
    Gill Dingomé (For: Port Autonome de [Locality 2] (PAD))
    Representative
    Charles Christian Ondoua (For: Port Autonome de [Locality 2] (PAD))
    Representative
    Amad Tijan Kouotou (For: Port Autonome de [Locality 2] (PAD))
    [Locality 2] International Terminal (DIT)
    Representative
    Luca De Maria (For: [Locality 2] International Terminal (DIT))
    Representative
    Benjamin Siino (For: [Locality 2] International Terminal (DIT))
    Representative
    Teresa Vega (For: [Locality 2] International Terminal (DIT))
    Representative
    François Bordes (For: [Locality 2] International Terminal (DIT))
    Paris Court of Appeal, International Commercial Chamber, Division 5 Chamber 16
    Other
    Institutional administrator
    Najma El Farissi

    Authorities cited

    5
    • French Code of Civil Procedure, articles 1520(2) and 1520(5)
      statute
    • French Code of Civil Procedure, articles 408, 450(2), 455 and 700
      statute
    • French Civil Code, article 2060
      statute
    • 2017 ICC Arbitration Rules, articles 11, 13 and 14
      rules
    • ICC Note to the Parties and Arbitral Tribunals on the Conduct of the Arbitration applicable 1 January 2019
      institutional guidance

Matter record

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Autonomous Port of [Locality 2] (PAD) v [Locality 2] International Terminal (DIT) (Paris Court of Appeal RG 22/13862) · Matter