ETHIOPIA AGREES US MEDIATION OVER DAM DISPUTE
ETHIOPIA AGREES US MEDIATION OVER DAM DISPUTE
Ethiopia has agreed to US-led mediation for talks to resolve differences with Egypt over the construction of the Grand Renaissance Dam.
It had earlier rejected the US offer to arbitrate the meeting with neighbouring Sudan and Egypt, insisting it would not be influenced by outside meddling on the building of the 6,000-megawatt dam.
An Ethiopian government spokesman says foreign affairs ministers of Ethiopia, Egypt and Sudan will meet in Washington for the crunch talks but a date is yet to be set.
Last week, Ethiopia accused Egypt of trying to maintain a grip over the Nile waters using a colonial-era treaty.
Several other rounds of talks held in Egypt and Sudan have failed to resolve the dispute.
Egypt, which relies on the Nile for 90% of its water, is worried that the dam will greatly affect its already scarce water supply.
It had made proposals on the duration of filling and releasing the waters of the dam, but Ethiopia rejected them.
Once completed, the $4bn (£3bn) Grand Renaissance Dam will be the biggest in the continent as Ethiopia positions itself to become Africa’s largest energy exporter.
waltainfo.com
ICSID PUBLISHES AWARD IN CMC V. MOZAMBIQUE
ICSID PUBLISHES AWARD IN CMC V. MOZAMBIQUE
The International Centre for Settlement of Investment Disputes (ICSID) published the award in Case No. ARB/17/23, CMC Muratori Cementisti CMC Di Ravenna SOC. Coop.; CMC Muratori Cementisti CMC Di Ravenna SOC. Coop. A.R.L. Maputo Branch; and CMC Africa Austral, LDA v. Republic of Mozambique.
The case involved a bilateral investment treaty (BIT) dated December 14, 1998, between Italy and Mozambique. The dispute relates to the reconstruction of part of the north-south highway in Mozambique.
The Claimants entered into an agreement with Mozambique to undertake the work, but, after its partial completion, the Claimants attempted to obtain additional compensation for the work that was done. Unable to come to agreement, the Claimants commenced arbitration proceedings in 2017 arguing that Mozambique’s failure to compensate them properly breached certain obligations in the BIT. ICSID found in favor of the Respondent, identifying no breaches.
Justine N. Stefanelli
www.asil.org
MAURITIUS AND MALDIVES HEAD TO ITLOS
MAURITIUS AND MALDIVES HEAD TO ITLOS
The republic of Mauritius and the republic of Maldives submit their dispute concerning the delimitation of the maritime boundary in the Indian ocean to a special chamber of the tribunal
On 24 September 2019, the Republic of Mauritius and the Republic of Maldives transmitted a special agreement and notification to the International Tribunal for the Law of the Sea to submit their dispute concerning the delimitation of the maritime boundary in the Indian Ocean to a special chamber of the Tribunal to be constituted pursuant to article 15, paragraph 2, of the Statute of the Tribunal.
By Order of 27 September 2019, a special chamber of the Tribunal was formed to deal with the dispute. The Special Chamber consists of President Paik (Republic of Korea), Judges Jesus (Cabo Verde), Cot (France), Yanai (Japan), Bouguetaia (Algeria), Heidar (Iceland) and Chadha (India), and two judges ad hoc. Mauritius will make its choice of judge ad hoc in due course. Mr Bernard Oxman has been chosen by Maldives as judge ad hoc. President Paik serves as President of the Special Chamber.
The Parties agreed to transfer the arbitral proceedings instituted on 18 June 2019 by Mauritius under Annex VII of the United Nations Convention on the Law of the Sea to a special chamber of the Tribunal during consultations with President Paik, held at the Tribunal on 17 September 2019.
The Order is available on the Tribunal’s website. The case has been entered in the List of cases as No. 28.
Note: The press releases of the Tribunal do not constitute official documents and are issued for information purposes only.
The press releases of the Tribunal, documents and other information are available on the Tribunal’s websites (http://www.itlos.org and http://www.tidm.org) and from the Registry of the Tribunal. Please contact Ms Julia Ritter or Mr Benjamin Benirschke at: Am Internationalen Seegerichtshof 1, 22609 Hamburg, Germany, Tel.: +49 (40) 35607-227; Fax: +49 (40) 35607-245;
E-mail: press@itlos.org
BARRICK GOLD REACHES DEAL WITH TANZANIA TO SETTLE DISPUTES OVER ACACIA MINING
BARRICK GOLD REACHES DEAL WITH TANZANIA TO SETTLE DISPUTES OVER ACACIA MINING
Barrick Gold Corp said it had reached a deal to settle a long-running tax dispute between Tanzania and mining group Acacia, which Barrick bought in a $1.2 billion deal approved by a British court last month.
The agreement includes the payment of $300 million to settle outstanding tax and other disputes, the lifting of a concentrate export ban, and the sharing of future economic benefits from mines on a 50-50 basis, Barrick said in a statement on Sunday.
An Africa-focused international dispute resolution framework will also be established as part of the agreement, Barrick said.
The deal comes days after the Canadian company fell short of analysts’ estimates for third-quarter gold production due to low output at its North Mara mine in Tanzania.
A new operating company named Twiga Minerals will be formed to manage the Bulyanhulu, North Mara and Buzwagi mines after a review by Tanzania’s attorney general, the statement added.
The Tanzanian government will also buy a shareholding of 16% in each of the mines, according to the agreement. (Reporting by Sabahatjahan Contractor in Bengaluru Editing by David Holmes)
Reuters
TANZANIA GOVERNMENT ARRESTS CHINESE CONTRACTORS OVER SLOW PROJECTS
TANZANIA GOVERNMENT ARRESTS CHINESE CONTRACTORS OVER SLOW PROJECTS
On Thursday, Tanzanian authorities arrested four Chinese contractors as a result of slow progress in state-funded construction projects, a move expected to set an “example” to other businesses.
The arrested persons, three men and a woman, are employees of the companies contracted to build a canal and a section of road in Dar es Salaam. There was no fast and visible growth in the ongoing projects, which are considered to be of great public interest, the Dar government said.
Abubakar Kunenge, executive secretary of the Dar es Salaam region said: “The governor of the Dar es Salaam region, Paul Makonda, ordered the arrest of these business people, as he wants it to serve as an example to others.”
The four arrested contractors are expected to spend each night at the central police station and go every morning to supervise the works until the government decides the speed of work is sufficient. This shows that business people who cannot respect contracts have no place in Dar es Salaam.
President John Magufuli’s government has become known to take strict measures such as breaking or forcing the renegotiation of contracts it considers unfair with foreign companies.
In 2014, Tanzania was identified as the top destination for foreign direct investment in East Africa by the United Nations Conference on Trade and Development (UNCTAD). However, since the new government came to power in 2017, the country has shown a hostile attitude towards foreign investors.
Tanzania’s current government has adopted a rather combative stance toward foreign investment. It has also taken measures that have substantially changed investment conditions for foreign investors, especially those in the natural resources sector.
Since 2017, the government terminated its BIT with the Netherlands and passed several laws that limit foreign ownership as well as the use of international arbitration in the country’s natural resources industry. It also recently issued tough terms to Chinese investors over the Bagamoyo port project.
The recent attitude by the Tanzanian government raises concerns that foreign investment will be affected, as most foreign investors would be forced to pull out of doing business in Tanzania and that could affect the economy.
While it raises such concerns, it can also be seen as a means of checkmating the activities of foreign investors in Tanzania. By ensuring commissioned projects are carried out and completed as of when due.
Faith Ikade
venturesafrica.com
CRCICA RECENT CASELOAD (1ST QUARTER 2019)
CRCICA RECENT CASELOAD (1ST QUARTER 2019)
The total number of cases filed before CRCICA until 31 March 2019 reached 1326 cases. In the first quarter of 2019, 23 new cases were filed compared to 20 new cases filed the first quarter of 2018.
The Centre’s caseload in the first quarter of 2019 involved disputes relating to various sectors, including oil & gas, construction and civil works, real estate development and hospitality industry.
8 cases related to the oil and gas downstream sector. 6 cases involved distribution agreements and were filed by the same Petroleum company with respect to disputes arising out of six contracts for the distribution of automotive lubricants and similar products with six different automotive companies. One case involved three concession agreements for petroleum exploration and exploitation in three Egyptian governorates. The other case involved an agreement for the provision of 2D and 3D Seismic Data Reprocessing site located in Sinai, Egypt.
5 cases related to the construction industry. The first case involved an agreement for the design and supervision of the renovation works for a number of workshops for the maintenance of rail tractors located in Cairo. The second case involved a sub-contract for civil works for the renovation of two cement production lines for a cement factory located in Cairo. The third case involved a contract for the construction of pedestrian bridges in Cairo. The fourth case related to a contract for civil works to renovate the buildings of an international school located in Cairo. The fifth case involved a contract for the design, supply and implementation of a steel building.
5 cases related to the real estate development sector. Four cases were brought by the same claimant against the same respondent and arose out of four consultancy contracts for the supervision of the construction of housing complex located in New Cairo and 6th October city. The fifth case involved a dispute arising out of a consultancy contract for the design of a housing complex located in Alexandria.
The remaining 5 cases related to various sectors.
One case related to the hotel industry and arose out of a contract for the lease of commercial properties in a mall annexed to and owned by a hotel in Cairo.
One case involved an agreement for the management of a cement plant located in Beni Sueif, Egypt. One case involved a debt rescheduling agreement, one case involved a shareholders’ agreement, and the last case involved a share purchase agreement.
The first quarter of 2019 witnessed the appointment of 62 arbitrators from Egypt, Sudan, Jordan, Tunisia, Lebanon and the USA.
Of the 62 arbitrators appointed this quarter, 4 were female arbitrators and 4 are under 40. The Centre appointed 5 of the arbitrators, while 2 were appointed using the list procedure. The rest were appointed either directly by the parties or by the co-arbitrators, in case of appointment of a presiding arbitrator.
Arbitration proceedings in the first quarter involved parties from Egypt, China, Germany and the UK.
Amongst the 23 cases filed in this quarter, 5 cases, representing 22%, were conducted in English, while 18 cases, representing 78%, were conducted in Arabic.
HEARINGS IN THE FIRST QUARTER:
During the first quarter of 2019, 23 hearings took place at CRCICA’s hearing premises. 22 of them related to cases brought under CRCICA Rules, and one hearing related to an ad hoc arbitration case administered by CRCICA.
news.crcica.org
KENYA TO PAY FORMER COACH OR RISK BAN FROM 2022 FIFA WORLD CUP
KENYA TO PAY FORMER COACH OR RISK BAN FROM 2022 FIFA WORLD CUP
Kenya has lost its case against former national football team coach Adel Amrouche and has up to Oct. 19 to pay him 1.08 million U.S. dollars in compensation.
Football Kenya Federation (FKF) president Nick Mwendwa has confirmed the east African country lost the appeal launched at the Court of Arbitration for Sport (CAS).
“It’s true CAS has awarded Amrouch 860,000 dollars and an additional 22,000 dollars as cost for the case. We have to pay this amount by Oct. 19,” said Mwendwa on Thursday in Nairobi.
Amrouche was sacked in August 2014 after he had been banned for a year by the Confederation of African Football (CAF) for spitting on a referee when he was the head coach of Harambee Stars.
Kenya was playing away in Comoros. Kenya could not wait for his appeal, which he had launched with CAF.
Amrouche appeal was lifted by CAF and it is then that he headed to World Soccer governing body FIFA’s Dispute Resolution Chambers in search of justice and CAS.
The Belgian demanded 1.30 million dollars as compensation, which was equal to the remainder of the five-year contract which he had running until 2019.
Should Kenya fail to remit the amount, FIFA may opt to withhold its grant to the country or lock it out of international competition starting with the 2022 World Cup qualifiers, which start in November.
Mwendwa said the contract Amrouche signed was made by his predecessors under former president Sam Nyamweya, which favored the coach.
FKF is also engaged in another battle with a former Harambee Stars coach Bobby Williamson from Scotland for wrongful dismissal.
Williamson has filed a petition with Kenyan courts. He was sacked in 2016 and he is seeking 1.05 million dollars from FKF for unlawful termination of services and payments due for the remainder of his contract and damages.
“I will ask FIFA to give us an extension. We are paying for the ills by the former management. I will talk to the government and request they assist us in paying Amrouche. We are also in talks with these two gentlemen with a view to settling this matter amicably,” said Mwendwa.
From Kenya, Amrouche moved on to coach Libya national team then Algerian clubs MC Alger and USM Alger. Currently, he is the coach of Botswana national team.
ADRIAN LAVISTA
Xinhua
BRITISH COURT AUTHORIZES ENFORCEMENT OF ARBITRATION AWARD TO VALE AGAINST BSG RESOURCES
BRITISH COURT AUTHORIZES ENFORCEMENT OF ARBITRATION AWARD TO VALE AGAINST BSG RESOURCES
SAO PAULO, Sept 24 – Brazilian miner Vale SA said in a securities filing on Tuesday that a British court authorized the company to enforce the $2 billion arbitration award it won against BSG Resources.
Vale said it will continue to try to receive the $2 billion awarded in April. Vale is suing BSG Resources in New York and England in relation to corruption charges surrounding an iron ore mine in Guinea.
(Reporting by Tatiana Bautzer Editing by Leslie Adler)
Reuters
GVT TURNS TO ARBITRATION TO RESOLVE DOCTORS IMPASSE
GVT TURNS TO ARBITRATION TO RESOLVE DOCTORS IMPASSE
The Minister of Health and Child Care, Dr Obadiah Moyo has decided to pursue arbitration following the expiry of the 48 hours ultimatum handed down by the Labour Court for doctors to go back to work.
Addressing the press in the capital yesterday, Dr Moyo said the Labour Court has a provision for arbitration, which the government is now pursuing.
“The process should be done within 14 days. The Labour Court ruling allows for arbitration. There would be an arbitrator, who will be able to oversee negotiations. As part of that arbitration, we should be able to come up with results,” said Dr Moyo.
The arbitration comes as an option after the Zimbabwe Hospital Doctors Association (ZHDA) pulled out of the Health Apex Council leaving no platform for engagement with the employer.
The minister said government was still open for negotiations and hoped the arbitration process would break the deadlock.
“The process has to be completed within 14 days from the ruling. We had our team approaching the court to ensure that the process takes place, so this is the best form of negotiation for both parties and I think within 14 days, this whole process should have been completed,” added Moyo.
The government has engaged local authority health facilities to assist patients until doctors return to work.
The arrangements include beefing up stocks and associated support for the clinics to be able to attend to the overwhelming number of patients, some of whom could have otherwise been treated at central hospitals.
The government has also extended the free blood policy to local authority institutions for access by pregnant mothers in need of it.
“We are planning to empower the hospitals belonging to local authorities, especially in Harare and Bulawayo, and give them as much support as possible because they are becoming overwhelmed,” said Dr Moyo.
Health Services Board (HSB) chairperson Dr Paulinus Sikosana said the government was hoping the junior doctors were going to take heed of the court order and resume their duties.
Meanwhile, Dr Sikosana said the 60 percent adjustment recently awarded by the government to all health workers will not reflect on today’s payslip owing to some delays in the implementation process.
“By the time the adjustments were approved, the Salaries Services Bureau (SSB) had already shut down their payroll for October. We were then advised to seek supplementary funding from Treasury.
“The adjustment will, however, be paid before the end of October and will not reflect on tomorrow’s (today) payslip,” said Dr Sikosana.
Fadzai Ndangana
263chat-com.cdn.ampproject.org
CAS GIVES GFA 48-HOUR ULTIMATUM TO RESPOND TO PALMER’S APPEAL
CAS GIVES GFA 48-HOUR ULTIMATUM TO RESPOND TO PALMER’S APPEAL
The Court of Arbitration for Sport (CAS) has given the Ghana Football Association (GFA) up to Monday, October 21, 2019 at 10 a.m. Swiss time (8 a.m. GMT) to file a response to Mr Wilfred Kwaku Osei against his disqualification from the October 25 presidential election.
A 24-page statement signed by Carolin Fischer, Counsel to the CAS, dated October 17, 2019 granted the Respondent the deadline to file its position on the Appellant’s request in accordance with Article R37 of the Code of Sports-related Arbitration (the “Code”).
It further stated that “the Respondent is invited to inform the CAS Court Office within two (2) days from receipt of the letter by courier whether it agrees with the Appellant’s request. In case of objection or in the absence of an answer from the Respondent within the prescribed deadline, no expedited procedure shall be implemented and the deadlines set forth below shall apply”.
“In case of agreement, on behalf of the President of the CAS Appeals Arbitration Division, an expedited calendar, replacing the deadlines set forth below, shall be suggested to the parties,” it added.
“I acknowledge receipt of the Statement of Appeal filed by courier on October 14, 2019 (filed by email on October 11, 2019) with the Court of Arbitration for Sport (the “CAS”) by Mr Wilfred Kwaku Osei (the “Appellant”) against the Ghana Football Association (the “Respondent”) with respect to the decision rendered by the Election Committee of the Respondent on October 4, 2019, respectively October 8, 2019.
“Although the Appellant entitled its written submission “Request for Arbitration” and refers to the rules applicable to CAS Ordinary Appeals proceedings, in light of the Appellant’s prayers for relief, present arbitration has been assigned to the Appeals Arbitration Division of the CAS, and shall, therefore, be dealt with according to Articles R47 et seq. of the Code of Sports-related Arbitration (the “Code”) (2019 edition), pursuant to Article S20 of the Code,” the statement said.
According to the statement, documents which were attached to Palmer’s Statement of Appeal included Request for Arbitration, Appellant’s letter of October 11, 2019, Appellant’s email of October 11, 2019, Appellant’s email of October 14, 2019, Appellant’s email of October 14, 2019 to Mr Alexander Asante (Respondent) including exhibit, and Appellant’s email of October 16, 2019, together with Request for Provisional Measures.
The statement noted that the Appellant had also requested FIFA to join the proceedings, leading to the CAS Court Office letter to FIFA dated October 17, 2019, as a party to the arbitration.
“The Respondent is granted a deadline of ten (10) days from receipt of this letter by courier to state whether it agrees with the Appellant’s request. In the absence of any answer from the Respondent within the prescribed deadline or in case of objection, it will be for the President of the CAS Appeals Arbitration Division, or her Deputy, to decide on the number of arbitrators, pursuant to Article R50 of the proceedings.”
Mr Thaddeus Sory, solicitor for Mr Osei, last Monday gave the GFA a 24-hour ultimatum to respond to a request for arbitration but did not receive any reply, prompting him to write to CAS to expedite action on the case.
Graphic.com.gh