Arbitral Digest

Matter

Canac Railway Services Inc v Advens and Abbas X...

  1. 6 February 2009Mali

    6 February 2009Mali

    Judgment of the Bamako Commercial Court dated 6 February 2009

    Bamako Commercial Court

    Decision summary
    The court ordered Canac Railway Services Inc to pay Transrail 3,800,000,000 CFA francs.

    Supporting details

    2 participants
    Transrail
    Canac Railway Services Inc
    Bamako Commercial Court

    1 year and 25 days later · 390 days

  2. 3 March 2010Arbitration

    3 March 2010Arbitration

    ICC arbitral award dated 3 March 2010

    International Chamber of Commerce

    Decision summary
    The arbitral tribunal ordered Advens and Abbas X..., jointly and severally with other defendants, to pay Canac Railway Services Inc USD 3,400,000 with interest at 18% per year from 1 April 2008, together with amounts for arbitration costs.

    Supporting details

    3 participants
    Canac Railway Services Inc
    Advens
    Abbas X...
    International Chamber of Commerce

    1 month and 9 days later · 40 days

  3. 12 April 2010France

    12 April 2010France

    Order of the President of the Paris Regional Court dated 12 April 2010

    President of the Paris Regional Court

    Decision summary
    The order granted exequatur to the ICC arbitral award of 3 March 2010.

    Supporting details

    3 participants
    Canac Railway Services Inc
    Advens
    Abbas X...
    President of the Paris Regional Court

    3 months and 23 days later · 114 days

  4. 4 August 2010Mali

    4 August 2010Mali

    Judgment of the Bamako Court of Appeal dated 4 August 2010

    Bamako Court of Appeal

    Decision summary
    The court confirmed the Bamako Commercial Court judgment of 6 February 2009. The judgment was subsequently set aside by the OHADA Common Court of Justice and Arbitration, which reversed the underlying commercial judgment.

    Supporting details

    2 participants
    Transrail
    Canac Railway Services Inc
    Bamako Court of Appeal

    2 months and 16 days later · 77 days

  5. 20 October 2010France

    20 October 2010France

    Judgment of the Enforcement Judge of the Paris Regional Court dated 20 October 2010

    Enforcement Judge of the Paris Regional Court

    Decision summary
    The enforcement judge rejected Canac Railway Services Inc's application for release of the conservatory seizures obtained by Transrail.

    Supporting details

    2 participants
    Canac Railway Services Inc
    Transrail
    Enforcement Judge of the Paris Regional Court

    11 months and 23 days later · 358 days

  6. 13 October 2011France

    13 October 2011France

    Judgment of the Paris Court of Appeal dated 13 October 2011

    Paris Court of Appeal

    Decision summary
    The court confirmed the Enforcement Judge of the Paris Regional Court's judgment of 20 October 2010 rejecting Canac Railway Services Inc's application for release of the conservatory seizures.

    Supporting details

    2 participants
    Canac Railway Services Inc
    Transrail
    Paris Court of Appeal

    10 months and 30 days later · 335 days

  7. 12 September 2012France

    12 September 2012France

    Judgment of the Paris Regional Court dated 12 September 2012

    Paris Regional Court

    Decision summary
    The court granted exequatur to the Bamako Court of Appeal judgment of 4 August 2010.

    Supporting details

    2 participants
    Canac Railway Services Inc
    Transrail
    Paris Regional Court

    6 months and 7 days later · 188 days

  8. 19 March 2013France

    19 March 2013France

    Judgment of the Enforcement Judge of the Paris Regional Court dated 19 March 2013

    Enforcement Judge of the Paris Regional Court

    Decision summary
    The enforcement judge dismissed all of Canac Railway Services Inc's challenges to Transrail's conversion of the conservatory seizures into seizures of debts.

    Supporting details

    2 participants
    Canac Railway Services Inc
    Transrail
    Enforcement Judge of the Paris Regional Court

    10 months and 11 days later · 317 days

  9. 30 January 2014France

    30 January 2014France

    Judgment of the Paris Court of Appeal dated 30 January 2014

    Paris Court of Appeal

    Decision summary
    The court ordered release of Canac Railway Services Inc's seizures of debts against Advens and Abbas X..., treating the seized sums as unavailable because of Transrail's earlier seizures.

    Supporting details

    4 participants
    Canac Railway Services Inc
    Advens
    Abbas X...
    Transrail
    Paris Court of Appeal

    1 year, 8 months and 21 days later · 629 days

  10. 21 October 2015France

    21 October 2015France

    Judgment of the French Court of Cassation, First Civil Chamber dated 21 October 2015

    French Court of Cassation, First Civil Chamber

    Decision summary
    The court annulled in its entirety the Paris Court of Appeal judgment of 30 January 2014, without remand. It held that the later OHADA decision setting aside the Bamako judgments removed the legal foundation for the Paris Court of Appeal's ruling; it therefore refused release of the seizures of debts and rejected Canac Railway Services Inc's claims. Transrail, Advens and Abbas X... were condemned in costs, and were ordered to pay Canac Railway Services Inc EUR 3,000 under Article 700 of the French Code of Civil Procedure.

    Supporting details

    5 authorities · 5 participants
    Canac Railway Services Inc
    Representative
    SCP Piwnica et Molinié (For: Canac Railway Services Inc)
    Advens
    Abbas X...
    Transrail
    French Court of Cassation, First Civil Chamber

    Authorities cited

    5
    • French Code of Civil Procedure, Article 12
      statute
    • French Code of Judicial Organization, Article L. 411-3
      statute
    • French Code of Civil Procedure, Article 1015
      statute
    • French Code of Civil Procedure, Article 700
      statute
    • French Code of Civil Procedure, Article 455
      statute

Matter record

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Canac Railway Services Inc v Advens and Abbas X... · Matter