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Enforceable copy: Mr. REPIQUET,
President of the Bar - (JEANTET Law Firm)
Copy to the claimants: 4
Copy to the defendants: 2
[BAR CODE]
BY MR. LUC DE BASQUIAT, PRESIDENT,
ASSISTED BY MRS. BEATRICE DELAPLACE, COURT CLERK,
through filing at the court registry
Docket No. 2015000241
2/5/2015
BETWEEN:
1) Mr. Ibrahim FADLALLAH, 61 rue la Boétie 75008 Paris
2) Mr. Juan Antonio CREMADES, 10 calle Antonio Maura 28001 Madrid (Spain)
3) Mr. Eric TEYNIER, 56 rue de Londres 75008 Paris
Claimants: assisted by Edgar VINCENSINI, Esq. (B496)
AND:
SAS GETMA – INTERNATIONAL, Siren No. 350701272, headquartered at 40 avenue George B 75008 Paris
Defendant: assisted by Yves REPIQUET, Esq., President of the Bar – (JEANTET Law Firm) (T04)
For the reasons cited in its originating process dated January 8, 2015, served to an authorized person, to which it will
be necessary to refer concerning the presentation of the factual and legal grounds, Messrs. Ibrahim FADLALLAH,
Juan Antonio CREMADES and Eric TEYNIER ask us to:
In view of article 873, paragraph 2 of the Code of Civil Procedure,
In view of the urgency,
Sentence GETMA International to pay as advance the following sums:
- to Professor Ibrahim FADLALLAH: €108,000, taxes included
- to Juan Antonio CREMADES, Esq.: €81,000, taxes included
- to Eric TEYNIER, Esq.: €81,000, taxes included
Sentence GETMA International to pay the claimants the sum of €5,000.00 pursuant to Article 700 of the Code of
Civil Procedure;
Sentence it to pay court costs and expenses,
By pleadings filed and maintained orally during the hearing held on February 5, 2015, SAS GETMA-
INTERNATIONAL, asks us to:
In view of articles 9 and 873 of the Code of Civil Procedure, In view of article 1202 of the Civil Code,
In view of the evidence produced during the proceedings, particularly the arbitration award dated April 29, 2014,
Establish the existence of a division of the arbitration expenses and fees between the parties to the arbitration, Getma
International, on the one hand, and the Republic of Guinea, on the other;
Establish that Getma International has paid all of the share of the arbitrators' expenses and fees and the operating
expenses of the arbitration tribunal it owes in execution of the arbitral award rendered on April 29, 2014 in CCJA
arbitration proceedings No. 001/2011/ARB.
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Therefore, Find that there was no joint and several liability between the parties in view of the payment of the
claimants' fees;
Find that Getma International no longer owes any sum to any of the claimants;
Find that Getma International therefore cites a serious objection.
Therefore, purely and simply dismiss the request for provisional payment made against Getma International by
Messrs. Ibrahim Fadlallah, Juan Antonio Cremades and Eric Teynier;
Sentence Messrs. Ibrahim Fadlallah, Juan Antonio Cremades and Eric Teynier jointly and severally to each pay
Getma International the sum of 10,000 euros pursuant to the provisions of article 700 of the Code of Civil
Procedure;
Sentence Messrs. Ibrahim Fadlallah, Juan Antonio Cremades and Eric Teynier jointly and severally to pay all the
costs of the proceedings.
By pleadings in response filed and maintained orally during the hearing held on February 5, 2015, which constitute
their last written submissions, Messrs. Ibrahim FADLALLAH, Juan Antonio CREMADES and Eric TEYNIER ask
us to:
In view of Article 873, paragraph 2 of the Code of Civil Procedure, In view of the urgency,
Sentence GETMA International to pay as advance the following sums:
- to Professor Ibrahim FADLALLAH: €108,000, taxes included - to Juan Antonio CREMADES, Esq.: €81,000,
taxes included - to Eric TEYNIER, Esq.: €81,000, taxes included;
Sentence GETMA International to pay the claimants the sum of €5,000.00 pursuant to article 700 of the Code of
Civil Procedure;
Sentence it to pay court costs and expenses,
After hearing the explanations and remarks of the parties' attorneys, we rendered our order by filing it at the court
registry on MONDAY, 2/16/2015.
WHEREUPON
We find that GETMA INTERNATIONAL and the Republic of Guinea signed a container terminal concession
agreement for the Port of Conakry on September 22, 2008;
The concession was terminated by decree dated March 8, 2011, the State of Guinea deciding to award this
concession to Bolloré Africa Logistics;
GETMA INTERNATIONAL then commenced arbitration proceedings, appointing as arbitrator Juan Antonio
CREMADES, Esq. The Republic of Guinea appointed Eric Teynier, Esq. and the two arbitrators appointed Professor
Ibrahim Fadlallah president of the arbitration tribunal;
The arbitration agreement signed by the parties and the arbitration tribunal set the fees for the entire arbitration
tribunal.
We find that the Republic of Guinea indicated its refusal to pay its share and that in the absence of any payment by
the Republic of Guinea, the claimants maintain that GETMA is required to pay the share of the Republic of Guinea
pursuant to an “established customary practice” in international arbitration, according to which a party is jointly and
severally liable for payment of the share of the arbitrators' fees incumbent on the other party who does not comply;
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We find that GETMA paid the portion of the fees incumbent on it, which is not contested, but contests both the
alleged customary practice and joint and several liability, since, according to it, the operative provisions of the
arbitral award rendered on April 29, 2014 excluded any joint and several liability between the parties concerning the
payment of the arbitrators’ fees.
We find that the arguments thus presented establish the existence of a serious challenge concerning whether or not
joint and several liability exists between the parties concerning payment of the fees owed to the arbitrators pursuant
to a "customary practice" in international arbitration and concerning the interpretation of the arbitral award rendered
on April 29, 2014 on this point; Whereas the challenge raised rules out the competence of the judge of the summary
proceedings.
Therefore, I find that there are no grounds for a provisional order.
Concerning Article 700 CPC:
Fairness does not dictate an application of the provisions of article 700 CPC in this case.
ON THESE GROUNDS
Ruling by ORDER RENDERED FOLLOWING ADVERSARIAL PROCEEDINGS AND OPEN TO
APPEAL
Rule that there are no grounds for a provisional order or for application of article 700 CPC;
Sentence Messrs. Ibrahim FADLALLAH, Juan Antonio CREMADES and Eric TEYNIER to pay all costs of the
proceedings, including those to be collected by the court registry set at the sum of €88.37, taxes included, including
VAT in the amount of €14.51.
Find that this decision is automatically provisionally enforceable pursuant to article 489 CPC.
The original of the order is signed by Mr. Luc de Basquiat, president, and Mrs. Béatrice Delaplace, clerk.
[Signatures]
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CERTIFICATION
This is to certify that the attached, to the best of my knowledge and belief, are true and
accurate translations into English of:
2312 2014 Piece D45
29012015 CCJA Discours markup
16 09 2013 2013 09 16 GetmaOhada
19 05 2014 Lettre Orrick à la CCJA
24 06 2013 Lettre à Fadlallah honoraires
2015.03.02 Declaration of Laurent Jaeger - Exhibit 41
Getma_c_Guinée_Plaidoiries_2013.07.08_V1
Re dossier 0012011ARB du 10 mai 2011
RE Getma International c République de Guinée (aff n0012011ARB); Honoraires Tribunal Arbitral
transcript audience (version initiale)
Transcript audience
01 08 2013 Décision Honoraires arb - aff 001.2011
03 10 2013 décision 096-001.2011.ARB sur les honoraires
05 11 2013 lettre au Tribunal arbitral
06 09 2013 lettre à la CCJA
12 08 2013 sur décisions du 01.08.13
04 02 2015 Concl en replique demandeurs
16 02 2015 Ordonnance refere 16 02 2015
0801 2015 assignation en referee
completed on April 10, 2015, originally written in French.
Signature
Amy Stoykol
Co-Director of Production
LanguageWorks
Sworn to and subscribed before me,
This 10th day of April, 2015.
Signature
Notary Public