Mr. Léopold Ekwa Ngalle, Mme Hélène, Société Anonyme Len Holding, Intrtl Business Crprtion SA vs Société Nationale d’Hydrocarbures – Arret N°102/2015
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Algeria
Mr. NGALLE created the IBC, a company that acquired 51% of the capital of SNH, and 10% of SNH Personnel. The parties signed an MOU for the construction of industrial steel in Cameroon, IBC claimed that the SNH had failed to fulfill its commitments, and filed an application for arbitration at the CCJA.
SCP PYRAMIDION contre Agence d’Exécution des Travaux d’Infrastructure du Mali dite AGETIER-Mali –Arret N° 098/2014
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Algeria
A consortium comprising of SCP Pyramidion, Ben Milled, Pyram and Siraba concluded a contract with Agetier-Mali. A dispute arose between the parties during the execution of this contract, and Agetier-Mali terminated the agreement. SCP Pyramidion deemed this an unlawful termination and applied to the CCJA for arbitration. The arbitral tribunal dismissed SCP Pyramidion’s claims, and ruled in favor of the defendant. SCP appealed the decision.
1/ Société CANAC Sénégal S.A., 2/ Société CANAC Railway Services Inc contre Société TRANSRAIL S.A. –Arret N°082/2014
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Algeria
Transrail S.A concluded a convention for the technical assistance and a subcontract with CANAC Senegal& CANAC Railways Services Inc. The Tribunal of commerce of Bamako declared the nullity of the conventions and condemned CANAC Railways Services Inc & CANAC Senegal for the payment of 3 billion eight hundred million FCFA. Bamako’s court of appeal confirmed the judgment.They went to the CCJA.
The court has invalidated the decision of the Tribunal of commerce of Bamako. The court has declared its incompetency and the parties are sent to lower courts. Transrail will be bearing the costs.
Etat du Mali contre Société CFAO –Arrêt N°039/2014
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Algeria
The Tribunal Arbitrator has made an award which condemns Mali to pay CFAO 672.686.018, 50 FCFA. Mali request for the cancellation of the award at the CCJA because of the absence of a convention for the arbitration.
The arbitration award has been cancelled of the absence of a convention for the arbitration between the parties. CFAO will be bearing the costs.
Thomas Sipemba
Lawyers
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Tanganyika Law Society, Zanzibar Law Society
East Africa Law Chambers (EALC)
Thomas holds a Masters of Laws (LL.M) and a Bachelor of Laws (Hons) from the University of Dar es Salaam. He is a full time legal practitioner and a former partner at Ishengoma, Karume, Masha & Magai Advocates (IMMMA Advocates).
Thomas specializes in corporate and commercial laws, corporate and commercial litigation, mining, natural resources law and environmental laws. Thomas acquired his wealth of experience through working as a Legal Officer at FK Law Chambers and thereafter as an in-house Legal Counsel for Barrick Gold Tanzania (now Acacia Mining Limited).
Thomas also worked in DLA Piper Australia, Perth Offices on a 3 months secondment where he enhanced his experience as a corporate and commercial law legal practitioner.
He is an active member of the Bar Associations of East Africa, Tanzania Mainland and Zanzibar.
Stella Ndikmi
Lawyers
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Tanganyika Law Society
East Africa Law Chambers (EALC)
Stella holds a Bachelor of Arts In International Relations Magna Cum Laude) from the United States International University (USIU), LLB (Hons) from the University of Dar es Salaam and an MBA from the Eastern and Southern African Management Institute (ESAMI).
Stella is a full time practitioner and a founder partner of Fernandes& Partners Advocates, a practising Advocate of the High Court of Tanzania and Zanzibar and a former partner of Ishengoma, Karume, Masha &Magai Advocates (IMMMA Advocates).
Stella specializes in banking, corporate, capital markets and securities and financial laws and has a special interest in laws regulating banking and financial institutions, financing, recovery, insurance, employment, and land law.
Stella is an advocate of the High Court of Tanzania and is qualified to practice law both in Tanzania Mainland and in Zanzibar.
Stella is an active member of Tanganyika Law Society and the East African Law Society.
Juvenalis Ngowl
Lawyers
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East Africa Law Chambers (EALC)
Mr. Ngowi holds an LLB (Hons) degree from the University of Dar es salaam and Masters in Business Administration from the Eastern and Southern African Management Institute (ESAMI).
After his graduation from the University of Dar es Salaam, Mr. Ngowi worked at the Attorney General’s Chambers for six months and later joined the firm of the big law firms in Tanzania.
Mr. Ngowi garnered experience in many fields of laws particularly banking and finance law, labour laws and commercial litigation.
Mr. Ngowi is an advocate of the High Court of Tanzania and is qualified to practice law both in Tanzania Mainland and in Zanzibar. Mr. Ngowi is also qualified as an arbitrator and is an active member of the Tanzania Institute of Arbitration.
Mr. Ngowi is an active member of Tanganyika Law Society, the Zanzibar Law Society and the East African Law Society and African Labour Law Society.
George Fernandes
Lawyers
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Tanganyika Law Society, Zanzibar Law Society
East Africa Law Chambers (EALC)
Mr. George Fernandes holds an LLB (Hons) from the University of Dar es Salaam and currently undertaking an MBA from the Eastern and Southern African Management Institute. He is a practicing advocate of the High Court of Tanzania and Zanzibar.
Mr.Fernandes has a strong background in commercial law and has acquired a wealth of experience having previously headed the legal department at KPMG, worked as a senior associate at one of the big law firms in the country and headed the legal and regulatory department of one of the telecoms houses in Tanzania-the Zanzibar Telecom Limited (Zantel).
Mr.Fernandes’ key areas of practice include capital markets, corporate, finance, securities telecommunications and regulatory matters.
Mr.Fernandes is an advocate of the High Court of Tanzania and is qualified to practice law both in Tanzania Mainland and in Zanzibar.
Mr.Fernandes is an active member of Tanganyika Law Society, the East African Law Society and the Zanzibar Law Society.
Société ARNO contre Société LIBYA OIL CAMEROUN –Arrêt N°006/2014
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Algeria
Mobil Oil Cameroun & Arno concluded a contract of exclusive distribution of lubricants of “ESSO” mark. Arno asks for damages because of an abusive breach. The Tribunal decided that Libya Oil should pay Arno an amount of money. The court of appeal of Littoral had cancelled the arbitral award because the place of arbitrage wasn’t the one chosen by the parties. So Arno went to cassation.
Appeal dismissed. Arno will be bearing the costs. There is no error as to the decision of the court of appeal of Littoral.
La Société cotonnière Industrielle du Cameroun contre la Société de Développent du Coton du Cameroun –Arrêt 305/CIV/05-06
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Algeria
On the 11th of April 2005, an arbitral award was passed between the parties. The Tribunal Arbitrator has made a material mistake. The appellant CIGAM is asking the cancellation of the arbitral award of the 11thof April and the 22nd of June 2005 because it had an irregular proceeding because of the absence of the co-arbitrator; needs to be declared the existence of the non-respect of the principle of contradiction and also the infringement of the international public order and absence of motivation of the award.
The Appellant’s request for annulment of the two awards was admissible. The recourse was inadmissible cause of lack of authority of the judged thing. CIGAM was to bear the costs.