Summary

Inhoudsindicatie: Verzoek verlof tenuitvoerlegging buitenlands arbitraal vonnis. Tussenbeschikking. Vindplaatsen Aanhouding en opnieuw oproepen voor de mondelinge behandeling omdat niet is voldaan aan de vereisten van het Haags Betekeningsverdrag.

Arbitrageprocedure Hof van Arbitrage van de International Chamber of Commerce in Geneve, Zwitserland, ICC.

...

Arbitral Award:

"107 (a) The above Settlement Agreement of the parties dated 22 April 2016 is recorded in the form of an award by consent as requested by the Parties.

108 (b) The amount of Euro 4,223,790 (four million two hundred twenty three thousand seven hundred and ninety) under the Suspension Agreement and the amount of the Suspension Fee of Euro 350,000 (three hundred fifty thousand) are awarded to the Claimant (hereinafter together referred to as the " Settlement Amount "). Subject to paragraphs 8(e) below, the Settlement Amount has become due and payable upon signing of the Settlement Agreement.

109 (c) [...]. The total amount of the Costs of the Arbitration was fixed by the Court as US dollars 89,000 (eighty nine thousand) and the amount of 89,000 US dollars (eighty nine thousand) has been paid already by the Claimant. The 50% of this amount i.e. US dollars 44,500 (forty four thousand five hundred) is awarded to Claimant and the Respondent is obliged to pay the Claimant the amount of US dollars 44,500 (forty four thousand five hundred). Such amount will become due and payable by the Respondent on 30 June 2016 or earlier simultaneously with the payment of the Settlement Amount. 50% of the Costs of the Arbitration that KT may be required to pay in the future in accordance with Article 36 of the ICC Rules shall become due and payable on the date on which they are paid by KT.

110 (d) The Respondent agrees that in the event the Settlement Amount and the Costs of the Arbitration are not paid in full by 31 December 2016, interest shall accrue on the portion of the amount that has not been paid as of that date for the period until the payment is made (hereinafter referred to as the "Interest"). Such Interest shall be calculated in accordance with Article 7 of the Suspension Agreement.

111 (e) The Claimant agrees not to take any enforcement actions in respect of the Settlement Amount and the Costs of the Arbitration prior to 30 June 2016. This deadline may be extended in accordance with Section 4.2. of the Settlement Agreement.

112 (f) The parties have agreed that subject to the requirements of applicable law, the Respondent shall in any event pay the Settlement Amount, the Costs of the Arbitration and Interest (if any) to the Claimant no later than ten (10) Business Days following receipt by the Respondent of a total or partial payment pursuant to the award in the EMG ICC Dispute or the EMG Cairo Pending Dispute (as these terms are defined in the Settlement Agreement). For the avoidance of doubt, a partial payment does not relieve the Respondent from its obligation to pay in full the remaining amounts owed to KT pursuant to the Settlement Agreement.

113 (g) This Award by Consent shall become immediately enforceable as of the date of its issuance."