iarb

By judgment, the Tribunal of Commerce of Bamako has condemned Canac Railway Services Inc (defendant) to pay Transrail SA (Applicant) 3 000 000 000 CFA francs in principal and that of 800 000 000 CFA francs as damages. By a judgment, the Court of Appeal of Bamako has confirmed this judgment. Canac has lodged an appeal against that judgment before CCJA, OHADA, which has broken the judgment made by the Court of Appeal of Bamako and reversed the judgment rendered by the Tribunal of Commerce of Bamako.

The contested judgment declared enforceable in France a judgment of the Court of Appeal in Bamako affirming a judgment of the Tribunal of Commerce of the same seat which condemned the Canadian Society Canac Railways services to pay various amounts to the Malian society Transrail. The CCJA of OHADA has broken the judgment of the Court of Appeal of Bamako, and, acting on the merits, reversed the judgment of the Tribunal of Commerce. The judgment is thus deprived of legal basis.

The contested judgment has ordered the release of the seized-powers practiced by the company Canac Railway against the company Advens and Mr. X… as devoid of effect, on grounds made unavailable to the fact of previous seizures carried out by the Society Transrail under a judgment of the Court of Appeal in Bamako affirming a judgment of the Tribunal of Commerce of the same seat. The CCJA of OHADA has broken the judgment of the Court of Appeal of Bamako, and, acting on the merits, reversed the judgment of the Tribunal of Commerce of Bamako. The judgment is thus deprived of legal basis

The company TRANSRAIL (the applicant) seeks the declaration of enforceability in France of the judgment of the Court of Appeal of Bamako, which affirmed the judgment of the Tribunal of Commerce of Bamako, which has condemned the society CANAC (Defendant) and society Canac Senegal to pay him the sum of 3.800.000.000 FCFA, at Title of sums unduly paid on the occasion of a sub-contract and technical assistance and to damages and interest. On its side, the company CANAC has obtained an arbitral award made under the auspices of the International Chamber of Commerce which condemns the French company Advens. However, in application of the judgment of the Tribunal of Commerce together with the provisional execution, the company TRANSRAIL, the creditor of the company CANAC, had to carry out two seizures conservatories in the hands of society Advens and Mr. Jaber, of the debt which the company Canac was the holder in respect of the latter. The company CANAC seeks the stay of proceedings pending the judgment, which will be rendered by the Common Court of Justice and to the arbitration of the OHBLA, caught in an appeal against the judgment of the Court of Appeal of Bamako.

TRANSRAIL wants the judgment of the Court of Appeal of Bamako to be declared enforceable in France. The judgment affirms the judgment of the Tribunal of Commerce of Bamako, which has condemned the society CANAC and society Canac Senegal to pay him the sum of FCFA 3.800.000.000. This judgment was the subject of an appeal in cassation. CANAC has obtained an arbitral award made under the auspices of the International Chamber of Commerce condemning the French company Advens. However, in application of the judgment, with the provisional execution, the company Transrail Investments, a creditor of the company CANAC, did conduct in the hands of society Advens and Mr. Jaber, two conservatories seizures of the debt Canac’s holds.

Transrail SA has requested the cancellation of the conventions of assistance of subcontracting with CANAC Inc (appellant). By a judgment of the Court, the Court of Appeal of Bamako has confirmed the judgment of the Tribunal of Commerce which has condemned Canac Railway Services Inc. and the society Canac Senegal to pay him the overall sum of 3.800.000.000 FCFA. This judgment was the subject of an appeal in cassation before the Common Court of Justice and Arbitration of the OHBLA by CANAC. The Tribunal de Grande Instance of Paris, asked by the company Transrail SA, has declared enforceable in France the judgment of the Court of Appeal of Bamako. In view of the appeal and the conclusions of the society which CANAC requests the Court, in limine litis, to stay the proceedings pending the judgment of the Common Court of Justice and Arbitration, at the bottom of reverse the judgment undertaken, to say that the judgment of the Court of Appeal of Bamako from 4 August 2010 does not fulfill the conditions for obtaining the exequatur in France, to dismiss Transrail bits of its applications and to condemn it to pay him 30’000 € in the title of the Article 700 of the Code of Civil Procedure; Having regard to the conclusions of the 10 October 2013 of the Society of Malian law Transrail its Tending to main title, the rejection of the debates of the conclusions served on 8 and 9 October 2013 by CANAC, alternatively to the inadmissibility of the application for stay of proceedings, more alternatively to the rejection of this request, and in any case, the confirmation of the judgment undertaken, to the rejection of the opposing claims and the conviction of the appellant to pay him 50’000 € in the title of the Article 700 of the Code of Civil Procedure.

By contract of work, Mr. Issakha N’Doye (respondent) was hired, as coaching agent, by the Agency for the Safety of Air Navigation in Africa and Madagascar (ASECNA, appellant). The latter carried to his dismissal in indicating that the Senegalese regime of pensions imposed a retirement at the age of 55 years. Estimating its unfair dismissal, ASECNA having committed to maintain respondent until the age of 60 years by way of derogation from the general system of retirement. The arbitrator made an award in favor of the respondent which will be enforced in France by order of July 8, 1996. ASECNA appealed against this decision.

The National company of fertilizers and the Plant-health Products (ASMIDAL, respondent) and the French Company of Studies and Construction TECHNIP (TECHNIP, appellant) and in addition ENSA and the Company Creusot-Loire Undertaken (KEY) then TECHNIP, concluded a contract for construction, in Raze, a complex of the production of ammonia & nitrate fertilizers. The industrial complex could not function in accordance with the contractual forecasts. Indeed the parties have concluded another contract for the renovation of the factory. While resuming the factory, two serious incidents have occurred. ASMIDAL then filed a request for arbitration. The court delivered a partial award deciding in particular that TECHNIP was responsible for the incidents and that, for the lack of justified & formal notice, TECHNIP and KEY could not be held responsible for the in achievement of targeted production.

Mr. Doye Issakha (respondent) objects the decision of the Agency for the air safety in Africa and in Madagascar (ASECNA, appellant), to be put it in retirement. The referee condemned ASECNA to pay to Mr. Doye the sum of 121,819,045 CFA as damages for abusive procedure and ordered the provisional execution to the amount of 25.000.000 CFA. ASECNA appealed against this decision; which rendered a decision of incompetency and ordered the parties to litigate in front of the Council of Arbitration. The appeal against this decision made before the Court of appeal of Senegal was rejected because of delay. The Court of Appeal of Paris confirms this decision and condemns ASECNA to pay 5000F. The Judge of the execution of the Court of Bankruptcy of Paris rejected the dispute and condemns ASCENA to pay to Mr. Doye 10.000F. ASECNA appealed against this decision.