British Telecommunications PLC
14 November 2000
NR0091
BT sets out position following ICC ruling on Vivendi dispute
Following the ICC Tribunal's ruling in relation to the dispute between BT and
Vivendi, BT did not comment on either the case or the Arbitral Tribunal's
findings. By not commenting, BT was complying with the confidentiality
clauses imposed by the ICC Tribunal.
However, following Vivendi's unauthorised distribution of a press release
(November 10) outlining its version of the findings, the ICC Tribunal agreed
that BT should comment on the findings and clarify a number of issues, in
particular, significant findings which Vivendi omitted.
Although the Arbitral Tribunal decided not to prohibit the distribution of the
Vizzavi portal in French territory, the Tribunal took a number of decisions in
favour of BT:
* The acquisition of 50 per cent of Mannesmann's shares in Cegetel by
Vivendi was contrary to the Shareholders' Agreement concluded by the various
shareholders of Cegetel. Vivendi is immediately ordered not to implement such
an acquisition nor to make any alternative arrangements to the same effect.
This order is also applicable to Mannesmann
* The commercial arrangements, including the transfer of essential
assets of SFR, and consequently Cegetel, to Vizzavi, (the 'Operator Agreement
') were concluded in violation of BT's fundamental rights
* In authorising its representative to vote at the SFR meeting on June
16, in which the Operator Agreement was approved, Vivendi seriously breached
the Shareholders' Agreement entered into by the partners of Cegetel
* The Tribunal has determined that: '...the consequences of the breach
of the Shareholders' Agreement...as well as the consequences of the subsequent
implementation of the Operator Agreement dated June 19 2000, will be examined
in a second stage of the Arbitral proceedings.'
These points mean that BT is allowed to claim substantial damages not
only for the breaches committed by Vivendi and the other respondents, but also
for any assets taken out of Cegetel for the benefit of Vivendi in violation of
the Shareholders'Agreement.
Throughout this process BT has acted in the best interest of Cegetel and
the company remains commited to the success of the business and its future
prosperity.
-ends-
Inquiries about this news release should be made to the BT group newsroom on
its 24 hour number: 020 7356 5369.
From outside the UK dial +44 20 7356 5369.
All BT group news releases can be accessed at our web site:
http://www.bt.com/mediacentre
*A Private Investor is a recipient of the information who meets all of the conditions set out below, the recipient:
Obtains access to the information in a personal capacity;
Is not required to be regulated or supervised by a body concerned with the regulation or supervision of investment or financial services;
Is not currently registered or qualified as a professional securities trader or investment adviser with any national or state exchange, regulatory authority, professional association or recognised professional body;
Does not currently act in any capacity as an investment adviser, whether or not they have at some time been qualified to do so;
Uses the information solely in relation to the management of their personal funds and not as a trader to the public or for the investment of corporate funds;
Does not distribute, republish or otherwise provide any information or derived works to any third party in any manner or use or process information or derived works for any commercial purposes.
Please note, this site uses cookies. Some of the cookies are essential for parts of the site to operate and have already been set. You may delete and block all cookies from this site, but if you do, parts of the site may not work. To find out more about the cookies used on Investegate and how you can manage them, see our Privacy and Cookie Policy
To continue using Investegate, please confirm that you are a private investor as well as agreeing to our Privacy and Cookie Policy & Terms.