Arbitral Digest

Matter

Groupe Antoine Tabet v Republic of the Congo

Applicable rules
ICC Rules of Arbitration
  1. 30 March 2000Arbitration

    30 March 2000Arbitration

    First Arbitral Award of 30 March 2000

    International Chamber of Commerce

    Decision summary
    The arbitral tribunal ruled on its competence.

    Supporting details

    2 participants
    Groupe Antoine Tabet
    Republic of the Congo
    International Chamber of Commerce

    2 years, 2 months and 5 days later · 796 days

  2. 4 June 2002Arbitration

    4 June 2002Arbitration

    Second Arbitral Award of 4 June 2002

    International Chamber of Commerce

    Decision summary
    The arbitral tribunal held that interest was due and ordered the Republic of the Congo to pay more than EUR 16 million, without an astreinte.

    Supporting details

    2 participants
    Groupe Antoine Tabet
    Republic of the Congo
    International Chamber of Commerce

    1 year, 6 months and 4 days later · 552 days

  3. 8 December 2003Arbitration

    8 December 2003Arbitration

    Third Partial Arbitral Award of 8 December 2003

    International Chamber of Commerce

    Decision summary
    The arbitral tribunal ordered Groupe Antoine Tabet to instruct Total Fina Elf E&P Congo to pay into an escrow account any amount received under the Swiss court decisions that exceeded EUR 16,007,146.81.

    Supporting details

    2 participants
    Groupe Antoine Tabet
    Republic of the Congo
    International Chamber of Commerce

    3 days later · 3 days

  4. 11 December 2003Arbitration

    11 December 2003Arbitration

    Arbitral Procedural Order No. 10 of 11 December 2003

    International Chamber of Commerce

    Decision summary
    Pending the escrow agreement, the president of the arbitral tribunal ordered Groupe Antoine Tabet to consign with the President of the Paris Bar amounts paid by Total Fina Elf E&P Congo above EUR 16,007,146.81.

    Supporting details

    2 participants
    Groupe Antoine Tabet
    Republic of the Congo
    International Chamber of Commerce

    2 years and 5 months later · 882 days

  5. 11 May 2006France

    11 May 2006France

    Judgment of the Paris Court of Appeal dated 11 May 2006

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal rejected Groupe Antoine Tabet's application to set aside the Third Partial Arbitral Award of 8 December 2003.

    Supporting details

    1 participant
    Groupe Antoine Tabet
    Paris Court of Appeal

    1 year, 1 month and 23 days later · 419 days

  6. 4 July 2007France

    4 July 2007France

    French Court of Cassation judgments concerning enforcement of the Swiss decisions dated 4 July 2007

    French Court of Cassation

    Decision summary
    The French courts declared the Swiss payment decisions enforceable in France and rejected the related appeals.

    Supporting details

    2 participants
    Groupe Antoine Tabet
    Total Fina Elf E&P Congo
    French Court of Cassation

    4 months and 18 days later · 141 days

  7. 22 November 2007France

    22 November 2007France

    Judgment of the Paris Court of Appeal dated 22 November 2007

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal imposed a daily astreinte of EUR 100,000 on Groupe Antoine Tabet in connection with the Third Partial Arbitral Award of 8 December 2003.

    Supporting details

    1 participant
    Groupe Antoine Tabet
    Paris Court of Appeal

    7 months and 16 days later · 229 days

  8. 8 July 2008France

    8 July 2008France

    Decision of the Paris Regional Court Enforcement Judge dated 8 July 2008

    Paris Regional Court, Enforcement Judge

    Decision summary
    The enforcement judge liquidated the astreinte at EUR 1,000,000 for the period from 2 February to 17 June 2008.

    Supporting details

    1 participant
    Groupe Antoine Tabet
    Paris Regional Court, Enforcement Judge

    10 months and 6 days later · 310 days

  9. 14 May 2009France

    14 May 2009France

    Judgment of the Paris Court of Appeal dated 14 May 2009

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal rejected Groupe Antoine Tabet's application to set aside the Second Arbitral Award of 4 June 2002.

    Supporting details

    1 participant
    Groupe Antoine Tabet
    Paris Court of Appeal

    5 months and 15 days later · 168 days

  10. 29 October 2009France

    29 October 2009France

    Judgment of the Paris Court of Appeal dated 29 October 2009

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal declared inadmissible Groupe Antoine Tabet's application to set aside Procedural Order No. 10 of 11 December 2003.

    Supporting details

    1 participant
    Groupe Antoine Tabet
    Paris Court of Appeal

    1 year, 11 months and 13 days later · 713 days

  11. 12 October 2011France

    12 October 2011France

    Judgment of the French Court of Cassation, First Civil Chamber dated 12 October 2011

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected Groupe Antoine Tabet's appeal and upheld the inadmissibility of its application to set aside Procedural Order No. 10. It held that the order only arranged the transitional escrow period and did not finally determine any part of the dispute, so it was not an arbitral award open to annulment proceedings.

    Supporting details

    3 authorities · 2 participants
    Groupe Antoine Tabet
    Representative
    Me Spinosi (For: Groupe Antoine Tabet)
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • French Code of Civil Procedure, Articles 1502, 1504, 463, 455 and 700
      statute
    • ICC Rules of Arbitration, Article 23.1
      arbitration rules
    • French Court of Cassation judgments of 4 July 2007, case references 05-14.918, 05-17.433 and 05-16.585
      case law
  12. Date not availableSwitzerland

    Date not availableSwitzerland

    Swiss judicial decisions ordering payment to Groupe Antoine Tabet

    Swiss courts

    Decision summary
    The Swiss courts ordered Total Fina Elf E&P Congo to pay Groupe Antoine Tabet more than CHF 64 million.

    Supporting details

    2 participants
    Groupe Antoine Tabet
    Total Fina Elf E&P Congo
    Swiss courts

Matter record

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Groupe Antoine Tabet v Republic of the Congo · Matter