Arbitral Digest

Matter

Getma international v Republic of Guinea (French Court of Cassation, First Civil Chamber, F 15-25.687)

Applicable rules
OHADA Arbitration Rules
  1. 29 April 2014Arbitration

    29 April 2014Arbitration

    Arbitral Award issued on 29 April 2014

    Common Court of Justice and Arbitration of OHADA (CCJA)

    Decision summary
    The award ordered the Republic of Guinea to pay Getma international EUR 38,531,127 plus interest and directed the parties to share the arbitration costs equally, with reimbursement for any party paying more than its share.

    Supporting details

    5 participants
    Getma international
    Republic of Guinea
    Common Court of Justice and Arbitration of OHADA (CCJA)
    Arbitrator
    M. [O] [B] [S]
    Arbitrator
    M. [E] [X]
    Arbitrator
    M. [Y] [J]

    1 year, 2 months and 1 day later · 427 days

  2. 30 June 2015France

    30 June 2015France

    Judgment of the Paris Court of Appeal in the case Getma international v arbiters dated 30 June 2015

    Paris Court of Appeal, Division 1, Chamber 1

    Decision summary
    The Paris Court of Appeal reversed the Commercial Court's refusal of interim relief and ordered Getma international to pay the arbiters provisions corresponding to the unpaid share of their fees and expenses. It held that the arbiters' paid arbitration agreements created a joint and several payment obligation that was not seriously contestable.

    Supporting details

    3 authorities · 4 participants
    Getma international
    M. [Y] [J]
    M. [O] [B] [S]
    M. [E] [X]
    Paris Court of Appeal, Division 1, Chamber 1

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • OHADA Arbitration Rules
      regulation

    1 year, 7 months and 2 days later · 582 days

  3. 1 February 2017France

    1 February 2017France

    Decision of the French Court of Cassation, First Civil Chamber in the case F 15-25.687 dated 1 February 2017

    French Court of Cassation, First Civil Chamber

    Case no.
    F 15-25.687
    Citation
    Arrêt n° 145 FS-P+B+I
    Decision summary
    The Court of Cassation rejected Getma international's appeal against the Paris Court of Appeal's order requiring it to pay the arbiters' unpaid fees and expenses as an advance. It held that the parties' joint and several obligation to pay the arbiters arose from the paid arbitration agreements and was not seriously contestable; Getma was ordered to pay the costs and EUR 3,000 to the arbiters under article 700 of the Code of Civil Procedure.

    Supporting details

    4 authorities · 20 participants
    Getma international
    Representative
    SCP Hémery et Thomas-Raquin (For: Getma international)
    M. [Y] [J]
    Representative
    SCP Ortscheidt (For: M. [Y] [J] · M. [O] [B] [S] · M. [E] [X])
    M. [O] [B] [S]
    Representative
    SCP Ortscheidt (For: M. [Y] [J] · M. [O] [B] [S] · M. [E] [X])
    M. [E] [X]
    Representative
    SCP Ortscheidt (For: M. [Y] [J] · M. [O] [B] [S] · M. [E] [X])
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Matet
    Judge
    Reynis
    Judge
    Reygner
    Judge
    Vigneau
    Judge
    Bozzi
    Judge
    Mansion
    Judge
    Roth
    Advocate General
    Sassoust
    Other
    Court Reporter
    Pecquenard

    Authorities cited

    4
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • French Judicial Organisation Code (Code de l'organisation judiciaire)
      statute
    • OHADA Arbitration Rules
      regulation
  4. Date not availableFrance

    Date not availableFrance

    Interim order of the President of the Commercial Court

    President of the Commercial Court

    Decision summary
    The President of the Commercial Court declined to grant interim relief on the arbiters' claims against Getma international for payment of provisions corresponding to unpaid arbitration fees.

    Supporting details

    4 participants
    Getma international
    M. [Y] [J]
    M. [O] [B] [S]
    M. [E] [X]
    President of the Commercial Court

Matter record

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Getma international v Republic of Guinea (French Court of Cassation, First Civil Chamber, F 15-25.687) · Matter