Matter
China Communications Construction Company Ltd v Algerian shareholders (Paris Court of Appeal RG 23/01526)
- 8 July 2019Algeria
8 July 2019Algeria
Interim judgment of the Court of Bir [Y] dated 8 July 2019
Court of Bir [Y]
- Decision summary
- The court rejected CCCC Ltd's jurisdictional objection in the shareholders' Algerian action, held that it had jurisdiction, and appointed an expert to assess the alleged losses.
2 years, 2 months and 8 days later · 801 days
- 16 September 2021France
16 September 2021France
Partial Arbitral Award on jurisdiction dated 16 September 2021
International Chamber of Commerce
- Decision summary
- The arbitral tribunal held that the arbitration clause in article 16.2 of the 24 February 2012 shareholders' agreement was valid and applicable, accepted jurisdiction over the dispute, declined to stay the arbitration, directed the shareholders to discontinue related Algerian proceedings, awarded USD 965,344.77 in jointly and severally payable defense costs, and ordered provisional enforcement.
Supporting details
6 participantsChina Communications Construction Company Ltd
[G] [M]
[B] [N]
[W] [X]
[F] [Z]
[P] [O]
International Chamber of Commerce
1 year, 4 months and 16 days later · 503 days
- 1 February 2023Algeria
1 February 2023Algeria
Judgment of the Algiers Court of Appeal dated 1 February 2023
Algiers Court of Appeal
- Decision summary
- The Algiers Court of Appeal reversed the Bir [Y] judgment, holding that the Algerian courts had been seized in breach of the arbitration clause in the shareholders' agreement.
7 months and 27 days later · 239 days
- 28 September 2023France
28 September 2023France
Case-management order of the Paris Court of Appeal dated 28 September 2023
Paris Court of Appeal, Division 5 Chamber 16
- Decision summary
- The case-management judge rejected the shareholders' request to stay the annulment proceedings pending Algerian criminal and civil proceedings, ordered them jointly and severally to pay EUR 8,000 under article 700 of the French Code of Civil Procedure, and ordered them to pay the incident costs.
1 month and 10 days later · 40 days
- 7 November 2023Algeria
7 November 2023Algeria
Order referring defendants to the Algerian criminal court dated 7 November 2023
Algerian Criminal Court
- Decision summary
- The order referred China Communications Construction Company Ltd and two Algerian associates to the criminal court for alleged forgery and use of forged documents concerning the 21 February 2012 CCCC Algérie board minutes.
2 months and 16 days later · 77 days
- 23 January 2024France
23 January 2024France
Judgment of the Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16 in RG 23/01526 dated 23 January 2024
Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16
- Decision summary
- The court rejected the shareholders' deferral of the 28 September 2023 case-management order, confirmed that order's refusal to stay the annulment proceedings concerning the 16 September 2021 partial award, and ordered the shareholders jointly and severally to pay EUR 8,000 to China Communications Construction Company Ltd and bear the costs.
Supporting details
2 authorities · 20 participants[G] [M]
- Representative
- Matthieu Boccon Gibod (For: [G] [M] · [F] [Z])
- Representative
- Fanny Rocaboy (For: [G] [M] · [F] [Z])
- Representative
- SELARL Lexavoue Paris-Versailles (For: [G] [M] · [F] [Z])
- Representative
- Cabinet Aldebaran (For: [G] [M] · [F] [Z])
[F] [Z]
- Representative
- Matthieu Boccon Gibod (For: [G] [M] · [F] [Z])
- Representative
- Fanny Rocaboy (For: [G] [M] · [F] [Z])
- Representative
- SELARL Lexavoue Paris-Versailles (For: [G] [M] · [F] [Z])
- Representative
- Cabinet Aldebaran (For: [G] [M] · [F] [Z])
China Communications Construction Company Ltd
- Representative
- Luca De Maria (For: China Communications Construction Company Ltd)
- Representative
- Christophe Von Krause (For: China Communications Construction Company Ltd)
- Representative
- SELARL Pellerin - De Maria - Guerre (For: China Communications Construction Company Ltd)
- Representative
- White & Case (For: China Communications Construction Company Ltd)
China Communication Company Algerie - CCCC Algerie
[B] [D] [J]
[W] [T] [S]
[P] [H] [I]
Paris Court of Appeal, International Commercial Chamber, Division 5 - Chamber 16
- Judge
- Fabienne Schaller
- Judge
- Laure Aldebert
- Judge
- Jacques Le Vaillant
Other
- Court Reporter
- [L] [A]
- Court Reporter
- Najma El Farissi