The dispute in arbitration is based upon a management contract entered into by the Parties with regard to the Polyclinic La Paz (Bata) on December 14, 2009 (Contrato de gestiOn del Hospital Polyclinic of La Paz (Bata)) ("Management Contract" or " MV", Supplement K-1). Claimant demands that Respondent pay a fee ("Management Fee") of EUR 53,891,600 plus interest. Respondent raised an objection to Arbitration Court's jurisdiction. Moreover, Respondent contests Claimant's Claim and asserts that the Management Contract had been terminated.
The Arbitration Court was established in accordance with the Rules of the International Swiss Arbitration Regulations ("Swiss Rules", in force since June 2012).
1. The Arbitration Tribunal shall be competent for the handling of the submitted claims.
2. Respondent's contingent request for suspension of the proceedings until Claimant has initiated the arbitration process followed by due process in Equatorial Guinea, and, having obtained a court decision, intends to seek recourse against it, is rejected.
3. Respondent's contingent request for suspension of the proceedings until Claimant has sought due process before the competent Courts in Equatorial Guinea, and, having obtained a court decision, intends to seek recourse against it, is rejected.
4. It is determined that the Management Contract dated December 14, 2009 was properly terminated as of January 31, 2015.
5. Respondent is obligated to pay Claimant a total of EUR ....
6. In all other regards, the claim is rejected.
7. Fees and costs of the Arbitration Tribunal were set at CHF 678,434 and administrative costs at CHF 45,566. These costs are deducted from Claimant's advance payment of CHF 724,000.
8. Respondent is obligated to reimburse Claimant for Claimant's share of the fees and expenses of the Arbitration Tribunal as well as for administrative expenses in the amount of CHF 217,200 and for its share of the registration fee of CHF 2,400.
9. Claimant is obligated to pay Respondent CHF 193,251.40 as compensation for Claimant's own costs incurred.
10. Respondent is obligated to pay Claimant CHF 66,121.75 and EUR 27,568.58 as compensation for Respondent's own costs incurred.
11. Written notices to the representatives of the Parties by e-mail and by registered letter, and to the co-arbitrators and the Secretariat of the Court by email and regular mail.
Place of Arbitration: Zurich
Dr. Felix Fischer
Dr. Andrea Meier
Dem zu beurteilenden Streit Liegt ein von den Parteien geschlossener Management-vertrag betreffend die Poliklinik La Paz (Bata) yam 14. Dezember 2009 (Contrato de gestión del Hospital Policlinico La Paz (Bata)) ("Managementvertrag" oder "MV", Beilage K-1) zugrunde. Die Klagerin verlangt von der Beklagten die Bezahlung eines Honorars ("Management Fee") uber EUR 53'891'600 zzgl. Zinsen. Die Beklagte erhebt die Einrede der Unzustandigkeit des angerufenen Schiedsgerichts. Zudem bestreitet sie die Forderung der Klagerin and macht geltend, der Managementvertrag sei aufgelost warden.