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Planor Africa (applicant) argued that since the award has been canceled by the CCJA the OHADA, it no longer exists and the request for its enforcement in France is inadmissible. Africa Planor supports the judicial decisions of Burkina Faso which have been integrated in the French legal order by the enforcement orders, which have become enforceable notwithstanding the appeals in cassation, and are irreconcilable with the award. The judgment of the Court of Appeal of Ouagadougou has accepted the request of Africa Planor tending to the exclusion of the Atlantic Society Telecom (Defendant). Atlantique Telecom cannot be excluded at once from the capital of Telecel Faso by the judgment of the Court of Appeal of Ouagadougou and maintained by the arbitral award, shareholder of 56% of the capital of Telecel Faso.

By a contradictory judgment delivered on 11 June 2004, which was appealed, the judge of the execution of the Tribunal de Grande Instance of Paris, brought by the Republic of the Congo, supported by the Company Total E&P Congo, a request to order Group Antoine Tabet, to enforce an arbitral award of December 8, 2003 of the International Court of Arbitration of the International Chamber of Commerce.

Group Antoine Tabet (GAT, applicant) has concluded with the Republic of the Congo (Defendant) two conventions with the aim of financing of public works entrusted by the Congo to the Company Africa Tabet (AET), a subsidiary of GAT. It was agreed by the parties and accepted by ELF Congo, that the latter would provide a guarantee of reimbursement, which will be taken from the pre-payment for the mining of which it is the debtor with respect to the Republic of the Congo. Disputes arose so Congo filed a request for arbitration to the International Chamber of Commerce. Several partial awards have been rendered by the arbitral tribunal and have been referred to the Court. The present action for cancellation is directed against the award of 27 February 2008.

The Group Antoine Tabet (GAT), plaintiff, has concluded with the Republic of the Congo (Congo), a financial convention. Congo has put Total Fina Elf E&P to pay the loan when due to GAT. Dispute arose. Different awards have been passed. Here is the decision of the cassation court.

Group Antoine Tabet (GAT), plaintiff, has concluded with the Republic of the Congo (Congo), defendant, a convention having for its object the financing of the rehabilitation of the road Mayama for 100 million FF. Disputes arose between the parties in the implementation of these conventions. By a sentence rendered intermediate in Paris, the arbitral tribunal has condemned Congo to pay GAT 16.007.146, 81 euros. By a judgment, the Court of First Instance of Geneva has condemned TEP Congo to pay GAT various amounts for a total principal amount of 73 million CFH. By an appeal of TEP Congo, the Court of Justice of Geneva has condemned the latter to pay GAT 49.271.538 euros. The appeal for revision of this decision introduced by Congo has been rejected by the Court of Justice of Geneva. The Appeal in Reform formed by the Congo before the Swiss Federal Court was also rejected. Believing that GAT had contravened the provisions of the sentence of 4 June 2002 by initiating a procedure in Switzerland without waiting for the outcome of the arbitration body, Congo has made request for provisional and protective measures before the arbitral tribunal. By a partial award made in Paris, the arbitral tribunal, in substance, directed at GAT to give TEP Congo, within fifteen days of notification of the award, written instructions and irrevocable to pay on an escrow account to be opened with the Bâtonnier of the Order of Lawyers of the Court of Appeal of Paris any sum exceeding 16.007.146, 81 euros that TEP Congo could be required to pay in the execution of a judicial decision of Switzerland, the interest being attached to the principal.

Group Antoine Tabet (GAT), has to finance the public works, and has made financial agreements with the Republic of Congo. The latter has found an oil company, who has accepted, to pay the loan when due. A dispute arose. Congo believing they paid too much and the oil company which had ceased to pay, were sentenced by the Swiss courts to pay to GAT a sum greater than 64 million Swiss francs. These decisions have been declared enforceable in France; the appeals have been rejected by two judgments. Congo started a procedure of arbitration in Paris, at the ICC, requesting the reimbursement by GAT of the sums paid, according to it, without cause. Different awards have been made.

Group Antoine Tabet (GAT) has made financial agreements with the Republic of the Congo. Congo has found an oil company which will pay the loan when due. A dispute is born, the oil company, which had ceased to pay, was sentenced by the Swiss courts, to pay to GAT a sum greater than 64 million Swiss francs. The appeals were dismissed by two judgments. There have been four sentences of different date.

The Commerce Tribunal of Bamako had condemned CANAC to pay Transrail (appellant) 3 800 000 000 CFA francs. Transrail has applied conservatories seizures to the conversion of allocation entered with a request for payment for 5 804 651, 96 euros between ADVENS and Mr. Abbas Jaber. The judge for the execution of the Tribunal de Grande Instance of Paris has rejected the application for the release of these seizures and dismissed Canac of the entirety of its means of challenging the acts of conversion in the entered allocation.

Group Antoine Tabet (GAT, applicant) has concluded with the Republic of the Congo (Defendant) two conventions with the aim of financing of public works entrusted by the Congo to the Company Africa Tabet (AET), a subsidiary of GAT. It was agreed by the parties and accepted by ELF Congo, that the latter would provide a guarantee of reimbursement, which will be taken from the pre-payment for the mining of which it is the debtor with respect to the Republic of the Congo. Disputes arose so Congo filed a request for arbitration to the International Chamber of Commerce. Several partial awards have been rendered by the arbitral tribunal and have been referred to the Court. The present action for cancellation is directed against the award of 27 February 2008.

By a partial Award in Paris, the arbitral tribunal, in the dispute opposing Group Antoine Tabet (GAT, Applicant), to the Republic of the Congo (Defendant), ordering GAT, give, within fifteen days of the notification of this partial award, to Total Fina Elf E&P Congo (with a copy to the Republic of the Congo). The Arbitral Tribunal said that any amount exceeding €16.007.146,81 that Total Fina Elf E&P Congo could be brought to pay at GAT in the execution of a judicial decision rendered by a Switzerland court. The enforcement of this arbitral award has been the subject of an appeal which was dismissed by the Court of Appeal of Paris.