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Haiti - SOGENER : Ultimate invitation of the Office of Public Prosecutor to Jean Marie Vorbe
2nd and last invitation of the Public Prosecutor's Office :
éMonsieur Jean Marie Vorbe
In his offices,
The Government Commissioner at the Court of First Instance of Port-au-Prince, invites you for the second and last time to present to the prosecutor's office this Wednesday that will count November 27, 2019 at 10:00 am. This, to answer the facts of false in private writing, of extra-billing, of illicit enrichment, of association of criminals; following the complaint of the Haitian State deposited with the Office of this jurisdiction, to date of November 08, 2019.
N.B If you do not present yourself on the day, date and time above, the prosecutor's office, the organ of criminal prosecution will take such measures as right.
Recall that besides Jean Marie Vorbe none of the individuals convened of the Commissioner of the Government (former ministers Frantz Vérella and Daniel Dorsainvil, Serge Raphael former director of EDH, Élizabeth Débrosse Preval shareholder in SOGENER and Dimitri Vorbe, Réginald Vorbe Fils and the lawyer Roger Lefèvre members of the board of directors of SOGENER) did not appear at the Public Prosecutor's Office on Thursday, November 21, 2019, their lawyers brought an action in nullity, because according to them, the Commissioner of the Government is not competent for open a judicial inquiry into the matter.
They consider that this is an attack on the individual freedom of their customers who have only noted the unilateral termination of the contract between the State and SOGENER, although they asked to discuss amiable, in accordance with the clauses of the contract binding the two parties, as it is mentioned in the correspondence of Jean Marie Vorbe dated September 13, 2019 addressed to Ministers Fritz Caillot (Public Works) and Joseph Joute (Economy and Finance) https://www.haitilibre.com/en/news-29269-haiti-state-against-sogener-the-public-prosecutor-launches-a-wave-of-invitations-for-hearings.html
It should be noted that this amicable discussion refers to Articles 23-1, 23-2 of the State-SOGENER contract which stipulates in Article 32-1 "In case of dispute, the two parties will try to find an amicable solution within thirty days following a notification of one or the other parts".
And in the case of different Article 23-2 states "All disputes arising from the present shall be settled definitively and without appeal according to the arbitration rules of the International Chamber of Commerce of Paris by (03) Arbitrators appointed in accordance with this Regulation [...]"
Several rights specialties, without taking a position in favor of one or the other of the parties, consider that the existence of an arbitration clause in a contract renders the judge of the State incompetent to decide a difference arising from the contract as stipulated in the Code of Civil Procedure in Article 959-7 "When a dispute which an arbitral tribunal is seized under an arbitration agreement is brought before a court of the State, it must declare himself incompetent. If the arbitral tribunal has not yet been seized, the State court must also declare itself incompetent unless the arbitration agreement is manifestly void."
To be continued...
Judicial saga : State against SOGENER :