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ENKA İnşaat ve Sanayi A.Ş. (Turkey) v. The Gabonese Republic and L’Agence Nationale des Grands Travaux

ICSID (Arbitration Tribunal).  14 September 2018 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Contract — Breach of contract — Whether the State failed to honour its debts in accordance with a settlement agreement

Defence — Contract — French law — Théorie de l’imprévision — Unforeseeability — Good faith — Settlement — Whether the doctrine of unforeseeability under French administrative law applied to foreign public entities — Whether the doctrine of unforeseeability under French civil law applied where a State faced cash flow difficulties — Whether the contractual duty to cooperate in good faith required the application of the doctrine of unforeseeability — Whether the conditions for the application of the doctrine were satisfied in the context of a settlement agreement

Defence — Contract — French law — Délai de grâce — Grace period — Good faith — Impecuniosity — Whether the doctrine of grace period under French civil law applied where a State faced cash flow difficulties — Whether the State had demonstrated circumstances under French law warranting a grace period in the payment of the award — Whether the State was an unfortunate debtor in good faith

Contract — Interpretation — Indemnity — Taxation — Whether the State was obliged to indemnify for taxes claimed by municipal authorities — Whether the obligation extended to future hypothetical taxes — Whether the obligation extended to social security obligations

Keywords

Type
Case Report
Copyright
© Cambridge University Press 2020

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