Pretoria High Court Sets Aside Arbitrator's Partial Award in Telkom's Review Application
27 Novembre 2003 - 1:06PM
PR Newswire (US)
Pretoria High Court Sets Aside Arbitrator's Partial Award in
Telkom's Review Application JOHANNESBURG, South Africa, Nov. 27
/PRNewswire-FirstCall/ -- The Pretoria High Court today announced
its decision to set aside the arbitrator's partial award made in
Telkom's dispute with Telcordia, following the hearing of an
extensive six-week review application that started on 11 August
2003. Telcordia was ordered to pay Telkom's costs, including the
costs of three counsel. In terms of the court order, the previous
arbitrator, Boswood QC, was removed. The case will now be heard by
a panel of three retired Judges of the Supreme Court of Appeal in
South Africa. Telkom's successful application followed a partial
award made by the arbitrator in favour of Telcordia on September
27, 2002, despite a pending Section 20 application by Telkom in the
South African High Court to resolve pertinent legal issues on the
matter. The dispute first arose in 2000, when Telkom (NYSE:TKG)
terminated its agreement with Telcordia for the delivery of a fully
integrated end-to-end customer activation and assurance system.
Telcordia initiated arbitration proceedings under the auspices of
the International Chamber of Commerce (ICC) during the first
quarter of 2001. In response to Telcordia's claims for outstanding
amounts and certain out-of-scope services of approximately $130
million, Telkom counter-claimed against Telcordia for in excess of
$300 million, including a claim for the refund of monies paid by
Telkom to Telcordia. "The High Court decision vindicates Telkom's
view that the partial award was vitiated by serious irregularities.
We are delighted that Telkom's exposure to contingent liabilities
will be significantly reduced for now, and indeed, we can look
forward to recovering some of our expenses," said Telkom's Legal
Services Group Executive, Mandla Ngcobo. Special note regarding
forward-looking statements All statements contained herein, as well
as oral statements that may be made by Telkom or by officers,
directors or employees acting on behalf of the Telkom group, that
are not statements of historical fact constitute "forward-looking
statements" within the meaning of the U.S. Private Securities
Litigation Reform Act of 1995, specifically Section 21E of the U.S.
Securities Exchange Act of 1934, as amended. Such forward-looking
statements involve known and unknown risks, uncertainties and other
factors that could cause our actual results to be materially
different from historical results or from any future results
expressed or implied by such forward-looking statements. Among the
factors that could cause our actual results or outcomes to differ
materially from our expectations are those risks identified under
the caption "Risk Factors" contained in the prospectus relating to
Telkom's initial public offering filed with the U.S. Securities
Exchange Commission and available on Telkom's website at
http://www.telkom.co.za/ir, including, but not limited to,
increased competition in the South African fixed-line and mobile
communications markets; developments in the regulatory environment;
Telkom's ability to reduce expenditure, the outcome of arbitration
or litigation proceedings with Telcordia Technologies Incorporated;
general economic, political, social and legal conditions in South
Africa and in other countries where Vodacom invests; fluctuations
in the value of the Rand; and other matters not yet known to us or
not currently considered material by us. You should not place undue
reliance on these forward-looking statements. All written and oral
forward-looking statements, attributable to us, or persons acting
on our behalf, are qualified in their entirety by these cautionary
statements. Moreover, unless we are required by law to update these
statements, we will not necessarily update any of these statements
after the date of this press release, either to conform them to
actual results or to changes in our expectations. DATASOURCE:
Telkom SA Limited CONTACT: Andrew Weldrick, Senior Specialist,
Media Relations of Telkom SA Limited, +27-12-311-1050, or Mobile,
+27-82-573-6772 Web site: http://www.telkom.co.za/ir
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