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Adriano Gardella SpA v. The Government of theRepublic of the Ivory Coast

ICSID (Arbitration Tribunal).  29 August 1977 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Of arbitration tribunal —Joint venture agreement between foreign company and State — Limitedliability company established to carry out project — State to guaranteeand authorize payment of accounts by joint venture company — Accountsrendered by foreign company not paid Whether State proper party beforetribunal

Damages — For breach of joint venture agreement — Joint ventureagreement between foreign company and State for cultivation and processing ofhemp and construction of textile factory — Changes in economic conditionsrendering project unprofitable — Foreign company insisting on alterationto programme or repudiation of position as partner and maintenance of status assupplier and technical expert only — Accounts submitted by foreigncompany for supply of materials to joint venture remaining unpaid Whether Statein violation of agreements between the parties

Counterclaim — For breach of joint venture agreement — Jointventure agreement between foreign company and State for cultivation andprocessing of hemp and construction of textile factory — Changes ineconomic conditions rendering project unprofitable — Foreign companyinsisting on alteration to programme or repudiation of position as partner andmaintenance of status as supplier and technical expert only — Statefailing to require performance with contractual obligations — Whetherforeign company liable for damages for repudiation of agreements between theparties

Costs — Parties both claiming repudiation and termination of agreementsbetween them — Neither party proving claim — Parties bearing owncosts of proceedings

Information

Type
Case Report
Copyright
© Cambridge University Press 1993

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