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Adriano Gardella SpA v. The Government of the Republic of the Ivory Coast
Published online by Cambridge University Press: 01 January 2021
Abstract
Jurisdiction — Of arbitration tribunal — Joint venture agreement between foreign company and State — Limited liability company established to carry out project — State to guarantee and authorize payment of accounts by joint venture company — Accounts rendered by foreign company not paid Whether State proper party before tribunal
Damages — For breach of joint venture agreement — Joint venture agreement between foreign company and State for cultivation and processing of hemp and construction of textile factory — Changes in economic conditions rendering project unprofitable — Foreign company insisting on alteration to programme or repudiation of position as partner and maintenance of status as supplier and technical expert only — Accounts submitted by foreign company for supply of materials to joint venture remaining unpaid Whether State in violation of agreements between the parties
Counterclaim — For breach of joint venture agreement — Joint venture agreement between foreign company and State for cultivation and processing of hemp and construction of textile factory — Changes in economic conditions rendering project unprofitable — Foreign company insisting on alteration to programme or repudiation of position as partner and maintenance of status as supplier and technical expert only — State failing to require performance with contractual obligations — Whether foreign company liable for damages for repudiation of agreements between the parties
Costs — Parties both claiming repudiation and termination of agreements between them — Neither party proving claim — Parties bearing own costs of proceedings
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