Costs are allocated according to relative outcome of the dispute

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Gabon’s counterclaims are mostly rejected, but Eurofinsa is ordered to pay 437,400 EUR, plus interest, for unresolved non-conformities

Request for bifurcation is not a new claim, but should not be a tool to compensate for failure to provide expert evidence at early stages of the proceedings

Eurofinsa entitled to receive over 11.2 million EUR for unpaid invoices and around 720 thousand EUR on account of lost profit; other claims are mostly rejected

Tribunal admits late nullity and judicial rescission claims, upholding the latter

Suspension of the contract was justified by state’s failure to comply with its essential obligations; unilateral termination was inconsistent with public procurement law, but not unlawful, as it aimed to protect Eurofinsa from consequences of the state’s breaches

Eurofinsa duly complied with prior negotiations requirement

Tribunal finds no indication that procurements contracts were state contracts that excluded the application of Gabonese administrative law; Initial and Supplementary contracts are governed by different laws

Background: Technical and financing issues undermine renovation works of stadium in Libreville

Referral to the Committee does not require previous finding of breach

Tribunal decides that the financial services chapter’s MFN clause cannot be used to avoid referral of the prudential measures defense to the Committee

Committee – or interstate panel – should decide the issue within a reasonable timeframe

Arbitrators refer order for the forced liquidation of Banco Continental (but not its implementation) to the Committee

Tribunal finds that it is under an obligation to refer a prudential measures defense to the FSC – but not to suspend the proceedings

Background: Honduras invokes prudential measures exceptions from the FTA’s financial services chapter

Success fee to be taken into account in costs

GVG prevails on the merits, but is awarded only a fraction of the damages initially sought

Allegations of corruption fail to convince tribunal

Corruption must be proved by set of indicia “sufficiently serious, precise and concordant”

Good faith principle – not estoppel – prevents Guinea from contesting the Agreement’s validity

Contract invalidity defence is inadmissible

Procurement rules do not render the claims inadmissible

Tribunal rejects allegation of defective notice

Guinea’s entire conduct evidences its consent to be bound by the Partnership Agreement

Domestic procurement rules do not exclude ICC arbitration

Archives