Arbitral Digest

Matter

Emirates Telecommunications Corporation (Etisalat) v Planor Afrique — Telecel Faso dispute

Applicable rules
ICC Arbitration Rules
  1. 9 September 2010Arbitration

    9 September 2010Arbitration

    ICC arbitral award rendered in Paris between Etisalat and Planor Afrique

    International Chamber of Commerce

    Decision summary
    The tribunal recognized the validity of the 5 September 2007 agreement, found that Planor Afrique had breached its obligations, and ordered it to take the steps required to complete its commitments.

    Supporting details

    1 authority · 5 participants
    Emirates Telecommunications Corporation (Etisalat)
    Planor Afrique
    International Chamber of Commerce
    Arbitrator
    [W] [B]
    Arbitrator
    [D]
    Arbitrator
    [I]

    Authorities cited

    1
    • ICC Arbitration Rules, article 35
      institutional rules

    1 year, 4 months and 8 days later · 495 days

  2. 17 January 2012France

    17 January 2012France

    Judgment of the Paris Court of Appeal, Pôle 1 — Chambre 1 in case RG 10/21349 dated 17 January 2012

    Paris Court of Appeal, Pôle 1 — Chambre 1

    Case no.
    10/21349
    Decision summary
    The court annulled the 9 September 2010 ICC award between Planor Afrique and Etisalat and annulled the 14 October 2010 order granting exequatur to that award. It held that recognition and enforcement of the award would violate international public policy because its consequences were incompatible with the Burkina Faso decisions concerning Telecel Faso.

    Supporting details

    3 authorities · 8 participants
    Planor Afrique
    Representative
    SCP Duboscq et Pellerin (For: Planor Afrique)
    Emirates Telecommunications Corporation (Etisalat)
    Representative
    SCP Bernabe-Chardin-Chevrier (For: Emirates Telecommunications Corporation (Etisalat))
    Paris Court of Appeal, Pôle 1 — Chambre 1
    Other
    Court Reporter
    Madame Pate

    Authorities cited

    3
    • French Code of Civil Procedure, articles 450, 699, 1502, 1504, 1518, 1520 and 700
      statute
    • Agreement on Judicial Cooperation between France and Burkina Faso dated 24 April 1961, articles 36 and 38
      statute
    • ICC Arbitration Rules, article 35
      institutional rules

    1 year, 2 months and 11 days later · 436 days

  3. 28 March 2013France

    28 March 2013France

    Decision of the French Court of Cassation, First Civil Chamber dated 28 March 2013

    French Court of Cassation, First Civil Chamber

    Decision summary
    The court quashed in full the Paris exequatur order concerning the Burkina Faso judgment of 9 April 2008 and Court of Appeal decision of 19 June 2009, and remanded the matter to the president of the Tribunal de grande instance of Nanterre.

    Supporting details

    2 authorities · 4 participants
    Planor Afrique
    Telecel Faso
    Atlantique Télécom
    Emirates Telecommunications Corporation (Etisalat)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • Agreement on Judicial Cooperation between France and Burkina Faso dated 24 April 1961
      statute
    • French Code of Civil Procedure, articles 455 and 700
      statute
  4. 28 March 2013France

    28 March 2013France

    Decision of the French Court of Cassation, First Civil Chamber, in joined cases nos. Y 11-23.801 and K 11-25.123 dated 28 March 2013

    French Court of Cassation, First Civil Chamber

    Decision summary
    The court quashed, except as to dismissal of the challenge to service, the Paris exequatur order concerning the Burkina Faso judgment and appellate decision, and remanded the matter to the president of the Tribunal de grande instance of Nanterre. It held that the lower court had failed to examine the res judicata effect of the 5 September 2007 settlement agreement.

    Supporting details

    2 authorities · 4 participants
    Planor Afrique
    Telecel Faso
    Atlantique Télécom
    Emirates Telecommunications Corporation (Etisalat)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • Agreement on Judicial Cooperation between France and Burkina Faso dated 24 April 1961
      statute
    • French Code of Civil Procedure, articles 455 and 700
      statute

    3 months and 12 days later · 104 days

  5. 10 July 2013France

    10 July 2013France

    Decision of the French Court of Cassation, First Civil Chamber dated 10 July 2013

    French Court of Cassation, First Civil Chamber

    Decision summary
    The court annulled in full the Paris Court of Appeal judgment of 17 January 2012 because that judgment depended on the Paris exequatur order later quashed in the related proceedings, and remanded the matter to a differently composed Paris Court of Appeal.

    Supporting details

    2 authorities · 2 participants
    Planor Afrique
    Emirates Telecommunications Corporation (Etisalat)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • French Court of Cassation, First Civil Chamber, 28 March 2013, nos. 11-25.123 and 11-23.801
      case-law
    • French Code of Civil Procedure, articles 625 and 700
      statute

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Emirates Telecommunications Corporation (Etisalat) v Planor Afrique — Telecel Faso dispute · Matter