Wairimu Karanja (Ms)
Lawyers
iarb
Wairimu Karanja is founder and Director of EnVantage Law, a legal advisory company providing legal, investment and policy advice in corporate, energy and natural resources (ENR) and trade matters across Eastern Africa. She has previously worked as a director in JMiles & Co., an Associate Secondee at Stephenson Harwood LLP, and a Principal Associate at Anjarwalla & Khanna Advocates.
Wairimu has over 10 years’ legal experience in: energy and natural resources; infrastructure development; private equity, mergers & acquisitions and transactional work; corporate law; employment and immigration law; Intellectual Property law; legislative and policy research; and international arbitration in investment and commercial transactions. She is also finalising a Master’s Degree in Energy Law and Policy (LLM) at the University of Dundee’s Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP).
Tom Onyango
Lawyers
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TRIPLEOKLAW LLP
Mr. Onyango is a Partner and Head of Department for Real Estate and Conveyance. With over 27 years of experience he deals primarily with bank security documentation, commercial law including contract documentation, mergers & acquisitions and conveyance of property. He has been involved in major property transactions and has done extensive work in mergers and acquisitions. He advises a large number of businesses in Kenya in addition to sitting on the boards of a number of companies. His astute legal interpretation and meticulous emphasis to details has seen him cut a very distinctive niche in conveyancing matters as well as being recommended in the Legal 500 Europe, Middle East & Africa 2015 in the area of Banking and Finance.
République démocratique du Congo contre Société fg hémisphère associâtes lac - Arret du 12 avril 2016- Numéro d'inscription au répertoire général : 11/20730
iarb
Algeria
- The Democratic Republic of Congo (DRC) and the Bosnian company, Energoinvest, concluded an agreement for the realization and the financing with 22.525 USD million from a hydroelectric development for the benefit of the national company from electricity (SNEL). The due date of the refund not having been honored, Energoinvest, initiated an arbitration. The arbitration court delivered an award which jointly condemned SNEL and DRC to pay Energoinvest the sum of 18,430 555.47 USD. DRC and SNEL lodged an action for the cancellation of the award. The advisor of the setting in state declared null and void the declaration of recourse of SNEL and cancelled Hemisphere’s request tending to see declared null and void DRC’s claim. The advisor declared admissible the recourse of the DRC and declared inadmissible the incidental recourse of SNEL.
- The request which tends, after an instruction of the business, with the release of resorting by the payment to the assignee of the accessory and various delivery prices is not understood in this litigation thus it is inadmissible. Considering that DRC was informed of the commitment of the arbitration procedure and also that DRC cannot made an objection on not having received the adopted timetable of procedure to which it deliberately chose not to appear. If DRC makes the point that it was in state of war during the arbitration, it was never mentioned of this circumstance to adjourn the litigation. Considering that DRC will be condemned to pay Hemisphere 70,000€.
République démocratique du Congo contre Société fg hémisphère associâtes lac - Arret du 12 avril 2016- numéro d'inscription au répertoire général : 11/20732
iarb
Algeria
- Hemisphere is the defendant seeking the cancellation. It request is the National company of electricity (SNEL) will no longer be in the litigation; To refuse the incidental application of litigious withdrawal formed by the DRC and it considers it not admissible before the Court of Appeal who has to order the enforcement of the award in what it carries in the business and in what it is not linked sufficiently to the originating request. On the request for invalidation of the enforcement of the award, to say inadmissible the means drawn from the ignorance of the principle of contradiction, fault for resorting of having called upon it in front of the arbitration court, and subsidiarity, not well founded, to also reject the means drawn from the violation of the international public order, to nonsuit the DRC of its call and to note that this rejection confers the enforcement on the delivered award on April 30th, 2003 in Zurich. To condemn the DRC to pay 70,000.
- The court is no longer seized by the action for annulment formed by SNEL. The request for litigious withdrawal was declared inadmissible. The order for enforcement of the award delivered in Zurich between the parties in the case no.11441/KGA was rejected. The rejection confers the enforcement of the award. The request formed by Congo was rejected. Congo will bear the cost of proceeding and pay FG Hemisphere 70,000 euros.
S.A. Planor Afrique contre S.A. Atlantique Telecom - Numéro de pourvoi : 11-23801 11/25123 (Mars 2013)
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Algeria
- The decision passed by the Tribunal de Grande instances of Paris, on June 29th, 2011, was contested. The shareholders of Telecel Faso concluded a pact fixing the management rules for the company as well as the relations between shareholders. By a convention, the Atlantic Telecom gave to Planor Africa 44% of its shares of the capital of Telecel Faso. The shareholders of Telecel Faso decided to increase the capital. By a convention the Atlantic Telecom gave to Planor Africa 44% of the shares of the capital of Telecel Faso. The shareholders of Telecel Faso decided to increase the capital, reducing to 20% the shares held by Planor Africa and modified the composition of the board of directors. The Court of Bankruptcy of Ouagadougou ordered the exclusion of Atlantic Telecom and ETISALAT of the capital of Telecel Faso and the compulsory cession of their actions and fixed their price to be paid by Planor Africa. The appeal was rejected on June 10, 2010 by the CCJA. ETISALAT, calling upon the inexecution of the draft-agreement, implemented the arbitration clause stipulated in the act and delivered a sentence on September 9th, 2010.
- The award of June 29, 2011 was annulled and cancelled, except in what it rejected the application for revocation of the assignment delivered to the ETISALAT company. Gives, consequently, the cause and puts the parties in the state they were before the aforementioned judgment and, to be made right, returns them before the president of the Court of Bankruptcy of Nanterre Appeal of Paris. The companies Planor Africa and Telecel Faso were condemns at the expense. The requests were rejects.
S.A. Planor Afrique contre S.A. Atlantique Telecom - Numéro de pourvoi : 11/25122 (Mars 2013)
iarb
Algeria
- The decision passed by the Tribunal de Grande instances of Paris, on June 29th, 2011, was contested. The shareholders of Telecel Faso concluded a pact fixing the management rules for the company as well as the relations between shareholders. By a convention, the Atlantic Telecom gave to Planor Africa 44% of its shares of the capital of Telecel Faso. The shareholders of Telecel Faso decided to increase the capital. The Court of Bankruptcy of Ouagadougou has, by judgment of February 27, 2008, confirmed by the judgment of May 15, 2009 of the Court of Appeal of Ouagadougou, and has cancelled the deliberations of the general meetings and the board of directors. And ordered the cancelation of the capital, at the trade registrar of Ouagadougou.
- The judgment passed on the 29th of June 2011 was annulled and cancelled in all its provisions. Gives, consequently, the cause and puts the parties in the state they were before the aforementioned judgment and, to be made right, returns them before the president of the Court of Bankruptcy of Nanterre Appeal of Paris. Planor Africa and Telecel Faso were will bear the expense. The requests were rejects.
S.A. Planor Afrique contre S.A. Atlantique Telecom - Numéro de pourvoi : 12/13351 (Juillet 2013)
iarb
Algeria
The Court of Paris’s decision of January 17th, 2012 is contested. The shareholders concluded a pact fixing the operating rules from the company as well as the relations between shareholders. By a convention, Atlantic Telecom gave to Planor Africa 44% of its shares of Telecel Faso’s capital. The shareholders, on the 27th of January 2006, decided to increase the capital, reducing to 20% the share held by Planor Africa and modified the composition of the board of directors. The Court of Bankruptcy of Ouagadougou rejected the exception of incompetency because of the existence of an arbitration clause which Planor African either neither was informed of it, nor had not accepted it, ordered the exclusion of Telecom & Etisalat form the capital of Telecel Faso and the compulsory cession of their actions and fixed their price to be paid by PlanorAfrica. The appeal was rejected on June 10, 2010 by the CCJA of the OHADA. The president of the Court of Bankruptcy of Paris, on June 29, 2011, has granted the enforcement of the Burkinabe decisions but the latter was broken by the Final court of appeal. This cassation involves its cancellation consequently.
- The judgment delivered on January 17th, 2012 was cancelled in all its provisions. Gives, consequently, the cause and puts the parties in the state they were before the aforementioned judgment and, to be made right, returns them before the Court of Appeal of Paris, composed differently. Planor Africa will bear the expense. The requests were rejects.
S.A. Planor Afrique contre S.A. Atlantique Telecom - Numéro de pourvoi : 13/17203 (Février 2015)
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Algeria
The contested decision is that of the court of appeal of Paris, of December 4th, 2012. Shareholders of Telecel Faso concluded a pact fixing the rules of the company as well as the relations between shareholders. By a convention, the Atlantic Telecom gave to Planor Africa 44% of the actions of the capital of the Telecel Faso, responsible for the establishment and the exploitation with a mobile telephone network in Burkina Faso. The shareholders of Telecel Faso decided an increase in the capital, reducing to 20% the share held by Planor Africa and modified the composition of the board of directors. The president of the Court of Bankruptcy of Paris ordered the exequatur of the Burkinabe decisions, pursuant to the Cooperation agreement between France and Burkina Faso-Faso. The arbitration court, made up under the aegis of the CCJA of the OHADA, said not to take place other than the Atlantic telecom of the capital of Telecel Faso.
The judgment delivered on December 4th, 2012 was cancelled in all its provisions. Gives, consequently, the cause and puts the parties in the state they were before the aforementioned judgment and, to be made right, returns them before the Court of Appeal of Paris, composed differently. Planor Africa will bear the expense. The requests were rejects.
S.A. Planor Afrique contre S.A. Atlantique Telecom - Numéro d'inscription au répertoire général : 11/52248 (Juin 2011)
iarb
Algeria
According to assignment delivered to the Atlantic Telecom & the company Telecel Faso, on December 9th, 2010, Planor Africa approached the president concerning the Court of Bankruptcy of Paris ruling in the form of the summary procedures for purposes to intend to declare enforceable in France the award of February 27th, 2008 of the Court of Bankruptcy of Ouagadougou and the judgment of May 15th, 2009 of the Court of Appeal of Ouagadougou (Burkina Faso) and to condemn the Atlantic Telecom to the payment of 5,000euros.
The request of PlanorAfrica was declared admissible. The judgment n°3 5/2008 made by the Court of Bankruptcy of Ouagadougou (Burkina Faso) on February 27th, 2008 and the judgment n°030 of the 15/05//2009 made by the Court of Appeal of Ouagadougou on May 15th, 2009, were declared enforceable on the French territory. Atlantic Telecom was condemned to pay Planor Africa 5,000 euros and Telecel Faso 5,000 euros. The provisional execution was ordered. The Atlantic Telecom was condemned to bear at expense.
S.A. Planor Afrique contre S.A. Atlantique Telecom - Numéro d'inscription au répertoire général : 10/21349 (Janvier 2012)
iarb
Algeria
The Memorandum of Agreement (MOA) provided that Planor covered 44 % of the capital and gave 12% to Atlantic Telecom. A dispute arose in the execution of the MOA. By an award rendered in Paris on 9 September 2010, the arbitral tribunal has found that Planor had violated its obligations, ordered him to “proceed to steps to arrive at the closing of the commitments made by it in the MOA” and sentenced it to pay the costs of the arbitration. The enforcement of this award, by order of the President of the Tribunal de Grande Instance of Paris of 14 October 2010, was struck an appeal by PLANOR. Planor seeks the cancellation as well as the conviction of Etisalat to pay him the sum of 80,000 euros. It argued that the recognition or enforcement of the award is contrary to the international public order. ETISALAT seeks the dismissal of the appeal and the conviction of PLANOR to pay it the sum of 100.000.
The award made between the parties on September 9, 2010 has been canceled as well as the order of 14 October 2010 conferring the enforcement to this sentence. ETISALAT was condemned to pay to the company Planor 80,000 euros and to pay the costs.