Cour d'appel de Paris, Pôle 5 - chambre 16, 7 septembre 2021, no RG 19/17531 - Republique De Guinee, Autorite De Regulation Des Postes Et Telecommunications De La Guinee /c Global Voice Group SA - French and English - 7 September 2021
Country
Year
2021
Summary
International arbitration - Action to set aside - Jurisdiction - International public policy (corruption) - Dismissal.
Global Voice Group SA (Seychelles) v. The Postal and Telecommunications Regulatory Authority of Guinea (Guinea) and The Republic of Guinea (Guinea), in ICC Case No. 22467/DDA
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1 -- THE FACTS AND PROCEDURE
1. The post and telecommunications regulatory authority for Guinea (ARPT) is a legal entity under public law, with the mission of ensuring the respect of the telecommunication legislation by the telephone operators. The ARPT is placed under the guardianship of the Ministry in charge of telecommunications for the Republic of Guinea.
2. Global Voice Group S.A. (hereafter "GVG") is a company governed under the laws of Seychelles which commercializes technologies for the control and supervision of telecommunication flows and operations.
3. On May 22, 2009, ARPT and GVG entered into a partnership agreement with the purpose of controlling the telephone communications in Guinea for an initial duration of 60 months as from its signature and tacitly renewable for successive 2 year periods, unless there is an express waiver in writing by either party within a period of 12 months prior to the end of the agreement.
4. Article 17 of this agreement includes an ICC arbitration clause.
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IV-DECISION
On these grounds, the court:
1 - Declared admissible the Post and telecommunications regulatory authority for Guinea and the Republic of Guinea in their ground asserted under Article 1520, 2? of the French Code of Civil Procedure;
2 - Dismissed the remedy for annulment against the award rendered on (..) under the aegis of the international commercial chamber;
3 - Order the Post and telecommunications regulatory authority for Guinea and the Republic of Guinea to pay Global Voice Group S.A. the amount of 200,000 euros under Article 700 of the French Code of Civil Procedure.
4 - Order the Post and telecommunications regulatory authority for Guinea and the Republic of Guinea to pay the costs.
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