OMUTHIYA CEO SAGA HEADS FOR ARBITRATION
OMUTHIYA CEO SAGA HEADS FOR ARBITRATION
The dispute between Omuthiya town council and former CEO Samuel Mbango is in a for an arbitration hearing today with the labour court in Ondangwa.
Mbango had summoned the local authority to the labour court for unfair dismissal, following the nonrenewal of his employment contract, which expired on August, 31. He argues that the council did not follow due procedures in relieving him, because he was informed on a short notice against the three month notice period as per the requirement.
He also accused local councillors namely mayor Katrina Uusiku, her deputy Hiskiel Nanyeni, management committee chairperson Beata Nashongo and member Enos Shipahu of plotting the nonrenewal due to his resistance to allow alleged dubious dealings.
A letter to Mbango dated June, 10, indicated that, “based on a June 3, 2019 resolution no MC31/05/2019, the item regarding your employment contract was discussed and it was resolved the position you are currently holding as a Chief Executive Officer will be advertised and you have the right to apply.”
By virtue, it was already in contravention of his employment contract, which required a three -month notice period.
Upon being presented with the notice, Mbango refused to go down alone as he revealed alleged corrupt activities, nepotism and maladministration against his seniors, allegations that they have vehemently denied.
Meanwhile, the Minister of Urban and Rural Development Peya Mushelenga was roped in to resolve the matter, but threw the ball back to council, saying it was now a legal issue which needed to be resolved internally.
In a letter dated September, 12, from Mushelenga in response to the local councillors who sought recourse in a letter of August 15, he said: “in terms of section 27 (3) (b) (I) of the Local Authorities Act no. 23 of 1992 as amended, council obliged to have given the CEO a written notice of its intention to retain his service or not before the end of his contract. I have not been given evidence that this legal requirement has been complied with.” Mushelenga went on to say, “if the things outlined in paragraph 1.1 to 1.4 of your letter refer to purported irregularities or misconducts by the CEO, administrative justice requires that council should have charged the CEO, if it (council) had evidence of such claims.”
The minister thus ruled and implored council to ensure compliance with the procedures and legislations to avoid unnecessary labour disputes and challenges.
However, such advice has come a little too late to extinguish the fire.
As from last week, the council appointed the institution’s manager for technical services, Simon Nghuulondo as acting CEO.
Obrien Simasiku
GABONESE REPUBLIC AND L’AGENCE NATIONALE DES GRANDS TRAVAUX V. ENKA İNŞAAT VE SANAYI A.Ş.
GABONESE REPUBLIC AND L’AGENCE NATIONALE DES GRANDS TRAVAUX V. ENKA İNŞAAT VE SANAYI A.Ş.
Linklaters has acted for the Gabonese Republic and its public works instrumentality, L’Agence Nationale des Grands Travaux in a Washington, D.C. federal court, against ENKA İnşaat Ve Sanayi A.Ş.
Turkish construction company, ENKA Insaat Ve Sanayi A.S. had petitioned the D.C. federal court to enforce a $46.9 million award it claims it secured against Gabon and ANGT from a Swiss tribunal of the International Court of Arbitration.
In January, a U.S. district court declared Gabon and ANGT in default for failure to plead or otherwise defend the action. Linklaters was hired after the entry of default by Gabon and ANGT to oppose default and the enforcement petition.
On September 9, 2019, the U.S. District Court granted Linklaters’ Motion to Vacate the Entry of Default against Gabon and ANGT, preventing ENKA’s attempt to obtain a $49 million default over the unresolved international arbitration award.
The court concluded that Gabon and ANGT’s delay in filing responses had been excusable, and that Gabon and ANGT had raised meritorious defenses against enforcement of the award, allowing them to contest the enforcement of the ICC award to ENKA.
The Linklaters team was led by U.S. partner Adam S. Lurie (Picture) and counsel Kate Machan with support from associates Menaka Nayar and Charlene Warner.
Ambrogio Visconti
globallegalchronicle.com
BADMINTON: MAURITIAN FOO KUNE LOSES AFRICAN SILVER MEDAL AFTER DOPING VIOLATION
BADMINTON: MAURITIAN FOO KUNE LOSES AFRICAN SILVER MEDAL AFTER DOPING VIOLATION
Mauritian Kate Foo Kune has been stripped of her silver medal from this year’s All African Badminton Championship after she was found to have breached anti-doping regulations, the sport’s governing body said on Tuesday.
The Badminton World Federation (BWF) doping hearing panel ruled Foo Kone committed an anti-doping violation, resulting in the disqualification of her singles results at the tournament held in Port Harcourt, Nigeria.
The panel, however, chose not to impose any period of ineligibility on the 26-year-old after it was found that she “bore no fault or negligence”.
The BWF said in a statement it would appeal the panel’s decision, with Foo Kune cleared to participate in international and national competitions until the final decision on the case.
“The BWF has decided to appeal the decision before the Court of Arbitration for Sport as it touches upon the interpretation of fundamental principles of the World Anti-Doping Code and the Anti-Doping Regulations,” it said.
Hardik Vyas in Bengaluru
RAFAL SONIK’S ARBITRATION PROCEEDINGS BEFORE THE ARBITRATION BODIES OF THE INTERNATIONAL MOTORCYCLE FEDERATION
RAFAL SONIK’S ARBITRATION PROCEEDINGS BEFORE THE ARBITRATION BODIES OF THE INTERNATIONAL MOTORCYCLE FEDERATION
Gide’s Warsaw office has been representing Mr Rafał Sonik, the Polish quad (ATV) rider, multiple World Cup winner (including in 2019) and 2015 Dakar Rally winner, in arbitration proceedings before the arbitration bodies of the International Motorcycle Federation (FIM) regarding the results of the 2017 Oilibya Rally of Morocco.
During the Rally, Mr Sonik encountered serious navigation problems due to errors in the provided road book. After a lengthy trial, the TIA (International Tribunal of Appeal) found that Mr Sonik accurately proved the amount of time lost and ordered an adjustment of his result. Mr Sonik was then declared the winner of the 2017 Oilibya Rally of Morocco, thereby securing second place in the 2017 World Cup classification.
Gide’s team advising Rafal Sonik on this arbitration was led by counsel Krzysztof Cieplinski
Involved fees earner: Krzysztof Cieplinski – Gide Loyrette Nouel
Law Firms: Gide Loyrette Nouel;
Clients: Rafał Sonik;
Paolo Bossi
PM WELCOMES ESTABLISHING UNION FOR ARBITRATION IN ECONOMIC DISPUTES IN EGYPT
PM WELCOMES ESTABLISHING UNION FOR ARBITRATION IN ECONOMIC DISPUTES IN EGYPT
Prime Minister Mustafa Madbouli welcomed on Wednesday the decision to establish the headquarters of the Union for Arbitration in Economic Disputes in Egypt.
Madbouli wished the union success in resolving the various economic and trade disputes for the benefit of the Member States.
This came during Madbouli’s meeting with President of the Arab Union for Arbitration in Economic Disputes Sameh Ashour, and Secretary General of the union Samir Zabdia.
During the meeting, Ashour briefed the prime minister on the background of the establishment of the union to be the first specialized arbitration body in economic and trade cases; the union was registered in the Council of Arab Economic Unity of the League of Arab States.
Zabdia pointed to the role the union aspires to play in the development of arbitration mechanisms, both in disputes between Arab parties and between Arab and foreign parties, through the Arab Court of Arbitration and the Mediation Center for the Settlement of Disputes.
At the end of the meeting, the president of the Arab Arbitration Union and the secretary general handed the federation’s shield to the prime minister in appreciation of the role played by the Egyptian Government in enhancing the mechanisms of joint Arab action.
Egypt Today
GOVT SUES TOTAL MALAWI FOR K350.4 BILLION
GOVT SUES TOTAL MALAWI FOR K350.4 BILLION
The Malawi Government has sued Total Malawi for K350.4 billion in connection to a fuel contract signed in 2001.
Malawi and Prima Fuels which brokered the contract claim that Total Malawi and French fuel company Total SA were supposed to pay the money over the past years.
The case was taken to a commercial court in Malawi but has been referred to a South African court for arbitration.
Lawyer for Prima Fuels Latham Dixon told the South African media earlier this week that his clients were in 2001 mandated by the Malawi Government to supply all of Malawi’s annual fuel requirements.
Prima Fuels then invited tenders and awarded a contract to Total Malawi to supply fuel to Malawi. The French company Total which is now called Total SA also formed part of the agreement.
Over the past 18 years, Total SA has supplied fuel to Malawi as part of the deal.
“In terms of the agreement, Total SA and Total Malawi is supposed to pay certain rebates back to the Malawi Government and according to our calculations it is to the tune of US$480 million (K350.4 billion),” said Dixon.
He added that Total Malawi has not denied the terms and conditions of the agreement but Total SA which is also party to the agreement denies that it is liable to make any payments and that is the reason the matter is in court.
Currently, the contract is still in force and Total SA is still supplying fuel to the Malawi Government while also enjoying benefits such as tax waivers.
MWAYI MKANDAWIRE
BENIN-SECURIPORT LITIGATION: THE AMERICAN COMPANY DETERMINED TO GO ALL THE WAY
BENIN-SECURIPORT LITIGATION: THE AMERICAN COMPANY DETERMINED TO GO ALL THE WAY
Officials of american airport security company “Securiport” do not intend to give in to intimidation by beninese authorities. They are determined to complete the procedure in order to be restored to their right.
Since the decision of Paris International Room of business (PIRB) in the legal dispute between Benin and the American company “Sécuriport”, the company’s managers have taken every precaution to ensure that the verdict of the said court is respected. According to the daily newspaper “Matin libre”, this is not the time for triumphalism in American society.
We are concentrating on enforcing the verdict of the Paris International Chamber of Commerce, even if we are not closed to the possibility of entering into discussions with Benin. “We only want one thing, to be restored in our rights in this country,” confided a company official, according to statements reported by our source.
The summons of their representative in Benin by the Economic and Financial Brigade (EFB) is perceived by the company’s officials as a provocation to delay the execution of the court decision. It should be recalled that BEF officials wanted to know how the company obtained the documents displayed in front of the International Chamber of Commerce in Paris. But these manoeuvres do not make Securiport lose its serenity. The leaders still hope that the Beninese authorities will show openness by embarking on the path of sincere negotiations for the good of the country’s image.
Edouard Djogbénou
CAMEROON: GICAM REORGANIZES ITS ARBITRATION CENTRE TO ADAPT IT TO THE INTERNATIONAL ENVIRONMENT
CAMEROON: GICAM REORGANIZES ITS ARBITRATION CENTRE TO ADAPT IT TO THE INTERNATIONAL ENVIRONMENT
Célestin Tawamba (photo), president of Groupement inter-patronal du Cameroun (Gicam), Cameroon’ss largest employers’ organization, is scheduled to give a press conference. According to a press release published by the GICAM, Célestin Tawamba will present the various amendments to the provisions of GICAM’s arbitration and mediation centre.
One of these amendments is the change of this centre’s name from Gicam Arbitration Centre to Gicam Mediation and Arbitration Centre.
“Following the revision of the Ohada Uniform Act on Arbitration and the adoption of the Ohada Uniform Act on Mediation on 23 November 2017, it was necessary to adapt the practice of the arbitration centre to this new text. In addition to this adaptation work, it also seemed useful to modernize the arbitration centre’s offers in light of the international environment and the current state of alternative dispute resolution methods. With this in mind, the arbitration centre has reformed both its texts and services,” Gicam indicates.
Business in Cameroon
BOLA AJIBOLA BAGS ANOTHER ARBITRATION AWARD
BOLA AJIBOLA BAGS ANOTHER ARBITRATION AWARD
The Nigerian Institute of Chartered Arbitrators (NICARB) has conferred on the Proprietor of the prestigious Crescent University, Abeokuta,His Excellency Judge Bola Ajibola a Life-time Achievement Award in recognition of his achievement as the pioneer of arbitration and Alternative Dispute Resolution (ADR) in Nigeria.
Judge Ajibola was a distinguished awardee during the 40th Anniversary of NICARB and 2019 Investiture of new chartered members at different categories.
According to the Registrar, Mrs Shola Oshodi-John, NICARB was founded in 1979 under the leadership of Judge Ajibola and was duly incorporated in 1988 under the Companies Act as a legal entity.
Judge Ajibola received the award in company with his wife Alhaja Amatullah Ajibola and his children led by Barr. Adesegun Ajibola,a Senior Advocate of Nigeria as NICARB described the honour as an icing on the cake for the international jurist.
Former governors of Enugu and Edo States Dr Emmanuel Nwodo and Professor Oserhheimen Osunbor at the Orchid and Lantana Hall of Eko Hotels and Suites, where 447 Associate Members, 121 Full Members and 40 Fellows were inducted respectively.
Presenting Judge Ajibola for the award,Prof. Fabian Ajogwu noted that “in celebrating your commitment as a pioneer and leader in the Arbitration (and ADR) space,the Nigerian Institute of Chartered Arbitrators (NICARB) decided to confer on you the Lifetime Achievement Award”.
Judge Ajibola was gratified that 33 graduates of Bola Ajibola College of Law (BACOLAW) were also inducted, thereby becoming chartered members of NICARB.
By Idris Katib
PETRONOR OPTS FOR ARBITRATION IN SENEGAL
PETRONOR OPTS FOR ARBITRATION IN SENEGAL
Listed independent oil and gas exploration and production company PetroNor E&P has said its subsidiary, African Petroleum Senegal Ltd, will continue on the path of seeking a resolution to the outstanding dispute over block Senegal Offshore Sud Profond (SOSP) permit in Senegal either through independent channels of arbitration or a satisfactory settlement agreement among all interested parties.
The Oslo Axess-listed PetroNor said in a statement on Tuesday, November 5 it had taken note of reports that the Senegalese government had included SOSP among the three offshore blocks on offer as confirmed by the country’s Oil Minister Mahamadou Makhtar Cisse “in a recently launched licensing round covering all open blocks in Senegal’s offshore area.”
In spite of the announcement, which PetroNor says “was issued by the relevant authorities at the Africa Oil Week conference in Cape Town today (November 5)”, its subsidiary, African Petroleum Senegal Limited, “remains in arbitration proceedings with the Government of Senegal and continues to reserve its rights to a 90% operating working interest in SOSP.”However, the company, which has five licenses offshore Senegal, Republic of Congo and The Gambia, with a combined 2P reserves of 10.89
MMbbls and average production of 2300nbopd, said its latest update “has no impact on the arbitration process and the Board of PetroNor remains steadfast in its legal position, and looks forward to having the matter resolved through either the independent channels of arbitration or via a satisfactory settlement agreement in the interest of all parties.”
And in South Africa early this week, Minister Cisse was quoted saying: “We are launching today for the first time in the history of petroleum exploration in Senegal a licensing round of three blocks of sediment basin.”
Senegal, which in 2014 and 2016 made key oil and gas discoveries in the Sangomar and Saint-Louis blocs respectively, had pushed back the licensing round from early October to November 4 in what the minister told Reuters was the necessity to “ensure the legal framework for investors.”
Back in 2017, PetroNor had informed its shareholders that the government of Senegal was “considering the Company’s proposal to extend the SOSP licence for a period of 18-24 months in order to allow additional time to acquire 3D seismic and to drill an exploration well on the block.”
But, the company, which has already acquired 13,400sq km of 3D seismic data, said the extension was pegged on African Petroleum Senegal Ltd “bringing in a suitable partner on the licence and to this end, the management team will commence discussions with a number of companies who had expressed interest in farming into SOSP but were restricted from entering into commercial negotiations as a result of the Exclusivity Agreement that had been in place since mid-April 2017.”
The contentious Exclusivity Agreement, binds SOSP permit together with The Gambian blocks of A1 and A4 as one transaction.
Although the Senegalese government had in 2017 expressed willingness to extend the SOSP permit, the final decision was dependent on the lapsing of the Exclusivity Agreement in mid-2017 but could not take effect because African Petroleum was yet to conclusively resolve the legal rights dispute over Blocks AI and A4 permits in The Gambia.
African Petroleum Senegal’s dilemma now seems to be the inability to win an extension of the SOSP permit in Senegal because this was initially tied to lapse of the Exclusivity Agreement, which too was pegged on African Petroleum’s thrashing out the dispute with The Gambia concerning A1 and A4 assets. Earlier, African Petroleum Senegal Ltd had described the Exclusivity Agreement as “too restrictive” and an impediment to its push to secure extension of the SOSP licence.
As it stands, African Petroleum Senegal would prefer to have the Exclusivity Agreement lapse irrespective of the status of the dispute the company has with The Gambia about A1 and A4 so as to enable “the Company to enter into discussions with other interested parties in its SOSP licence in Senegal whilst it seeks to resolve the situation in The Gambia.”
Reports in late April this year indicating The Gambian government had signed an agreement with BP Plc in relation to Block A1 attracted an immediate strong response from African Petroleum which said it was not aware of any such deal and that the “Company continues to reserve its rights in relation to the A1 licence and will continue with its efforts to protect its interest in the A1 licence through the ongoing International Centre for Settlement of Investment Disputes (ICSID) arbitration process.”
Shem Oirere
news24.com