RELEASE Dealmaker:
28 September, 2018
Dealmaker: Al Yousef
15908-KENOZA-VS-GIAT
RELEASE Dealmaker: Secret ruling by ICC arbitration court on alleged corruption linked to $3.6 billion French/German/UAE arms deal.
«WikiLeaks published a secret document of the International Court of Arbitration of the International Chamber of Commerce (ICC) regarding a dispute over the payment of a $ 3.6 billion arms deal between GIAT Industries (today Nexter Systems) and United Arab Emirates (UAE). The agreement involves the sale of 388 Leclerc tanks, 46 armored vehicles, 2 training tanks, spares and ammunition. It was signed in 1993 and is expected to be completed in 2008.
The case brought before the ICC arbitral tribunal was claimed by Abbas Ibrahim Yousef Al Yousef, a businessman from the United Arab Emirates, who had not honored a contract to pay him a commission of 6.5% or nearly $ 235 million. GIAT stopped paying after sending Al Yousef more than $ 195 million from Kenoza Consulting & Management Inc., registered in the British Virgin Islands. Al Yousef claimed nearly 40 million dollars that remained outstanding.
They claimed that they had become illegal in the transposition of the OECD Anti-Bribery Convention in 2000. They claimed that they were "committed to commit bribes". Al Yousef strongly denied that any part of the commission had been used to bribe UAE officials or used in acts of corruption. With respect to the claim, the ICC Court did not exclude the conclusion that "... the excessive nature of the claimants' compensation must be considered as evidence of the agency's corruption. goal must be known and wanted by both parties to the agreement. "
The Tribunal did not investigate the services provided by Al Yousef to justify the excessive commission. Despite the contrary assertions, the Court found that Al Yousef did not play an important role in the development of the Leclerc tank. The tanks were equipped with German engines, which created an obstacle because it would violate the laws prohibiting the sales of German weapons in the Middle East. Al Yousef managed to put pressure on the German authorities to obtain a derogation from these laws in "... a process that involves decision-makers at the highest level, in France and Germany". In a witness statement, Al Yousef could not remember the names of any of the Court's officials.
Surprisingly, Al Yousef told the Tribunal that he had been an agent and asked GIAT to pay him one million dollars a month as a consultant. That would have added $ 51 million to $ 60 million rather than almost $ 235 million. As a result, the Tribunal concludes that "... the commission rate of the contract is far superior to anything that could be justified (...) .The remuneration is excessive compared to the standard of Mr. Al Yousef in the arbitration". His claims were rejected and Al Yousef was ordered to pay the full costs of the arbitration by the Tribunal ($ 550,000), plus a portion of the GIAT's legal fees (€ 115,000).
Leaking documents
15908-Kenoza-VS-Giat
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Leaked Documents: https://wikileaks.org/dealmaker/Al-
Downloads 15908-KENOZA-VS-GIAT.pdf: https://wikileaks.org/dealmaker/Al-Yousef/document/15908-KENOZA-VS-GIAT/15908-KENOZA-VS-GIAT.pdf
All war are economic
Arms trade is one of the most lucrative
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