Sahélienne D'Entreprise v The Republic of Guinea - ICC Arbitration Case 22056/DDA - Final Award - English and French - 7 August 2018
Country
Year
2018
Summary
...
VII - [sic] ENACTING CLAUSE
342. The Arbitral Tribunal:
1. Declares that it has jurisdiction to hear the dispute resulting from the two Public Works Procurement Contracts for Lot 4 and Lot 5 within a single arbitral proceeding on the basis of the arbitration clause stipulated in Article 29 of the Special Administrative Terms and Conditions of the two Procurement Contracts.
2. Orders the Respondent to pay the amount of EUR 3,470,475.73 on the basis of the amount of the delinquent receivables per Amendment No. 1 of the Procurement Contract for Construction Work entitled "Upgrading of the 2x2-lane [Road] between Tombo and Gbessia Airport (Conakry), Lot 4: Kenien Section - T1, Procurement Contract for Construction Work No. 2003/0325/1/2/1/2/N" dated June 25, 2003.
3. Orders the Respondent to pay EUR 3,897,891.12 on the basis of the amount of delinquent receivables per Amendment No. 1 to the Procurement Contract for Construction Work entitled "Upgrading of the 2x2-lane [Road] between Tombo and Gbessia Airport (Conakry), Lot 5: Section T1-T2" including the two interchanges at the intersections of the T1 and the T2", Procurement Contract for Construction Work No. 2003/0324/1/2/1/2/N" dated June 25, 2003.
4. Dismisses the Claimant's claim for the payment of the amount de GNF 96,939,178 for the amount of the delinquent receivables related to Counts Nos. 16 and 17 for the Procurement Contract for Construction Work entitled "Upgrading of the 2x2-lane [Road] between Tombo and Gbessia Airport (Conakry), Lot 4: Kenien Section - T1, Procurement Contract for Construction Work No.
2003/0325/1/2/1/2/N" dated June 25, 2003.
5. Dismisses the Claimant's claim for the payment of the amount de GNF 112,780,322 on the basis of amount of the delinquent receivables per Amendment No. 1 to the Procurement Contract for Construction Work entitled "Upgrading of the 2x2-lane [Road] between Tombo and Gbessia Airport (Conakry), Lot 5: Section T1.-T2" including the two interchanges at the intersections of the T1 and the la T2", Procurement Contract for Construction Work No. 2003/0324/1/2/1/2/N"
dated June 25, 2003.
6. Orders the Respondent to pay penalties for late payment on the order of 2.75% per year for each of the two Procurement Contracts, which shall accrue interest beginning on the date of December 10, 2012, the date on which the Claimant claims the calculation of the interest rate, until the date of the final payment by the Respondent of the amount of compensation determined by the Arbitral Tribunal in the amount of EUR 3,470,475.73 for the Procurement Contract for Lot 4 and EUR 3,897,891.12 for the Procurement Contract for Lot 5.
7. Dismisses the Claimant's Claim for payment of liquidated damages in the amount of EUR 2,000,000.
8. Orders the Respondent to pay the expenses of the arbitration established by the Court of the International Chamber of Commerce disbursed by the Claimant during the arbitral proceeding in the amount of USD 541,450.
9. Orders provisional enforcement of this Arbitral Award.
10. Dismisses all other requests or claims.
Rendered and signed in Paris, France on August 7, 2018
Prof. Dr. Nayla COMAIR-OBEID
Dr. Seydou Madani SY
Mr. Joachim BILE-AKA