Arbitral Digest

Matter

Commission Import Export SA v Republic of the Congo — ICC arbitration concerning the 1992 and 2003 debt-settlement protocols

Applicable rules
ICC Arbitration Rules
  1. 3 December 2000Arbitration

    3 December 2000Arbitration

    ICC Arbitral Award dated 3 December 2000

    International Chamber of Commerce

    Decision summary
    The award condemned the Republic of the Congo and the Caisse congolaise d'amortissement to pay Commission Import Export SA (Commisimpex).

    Supporting details

    3 participants
    Commission Import Export SA (Commisimpex)
    Republic of the Congo
    Caisse congolaise d'amortissement
    International Chamber of Commerce

    2 years, 6 months and 24 days later · 936 days

  2. 27 June 2003Republic of the Congo

    27 June 2003Republic of the Congo

    Decision of the Supreme Court of the Republic of the Congo dated 27 June 2003

    Supreme Court of the Republic of the Congo

    Decision summary
    The Supreme Court of the Republic of the Congo quashed the confirming Court of Appeal judgment because the lower courts had issued substantive condemnations although the commercial court president, acting on a petition under article 219, could order only conservatory and investigative measures that did not prejudice third-party rights.

    Supporting details

    2 participants
    Commission Import Export SA (Commisimpex)
    Republic of the Congo
    Supreme Court of the Republic of the Congo

    7 years, 1 month and 24 days later · 2611 days

  3. 20 August 2010Arbitration

    20 August 2010Arbitration

    ICC Partial Arbitral Award issued in Paris on 20 August 2010

    International Chamber of Commerce

    Decision summary
    The tribunal held that it had jurisdiction to determine the dispute concerning sums remaining due under the 23 August 2003 protocol through the arbitration clause in the 14 October 1992 protocol.

    Supporting details

    5 participants
    Commission Import Export SA (Commisimpex)
    Republic of the Congo
    International Chamber of Commerce
    Arbitrator
    Mr [L]
    Arbitrator
    Mr [F]
    Arbitrator
    Ms [E]

    1 year, 9 months and 23 days later · 662 days

  4. 12 June 2012France

    12 June 2012France

    Judgment of the Paris Court of Appeal, Pôle 1 - Chambre 1, in case RG 10/22161 dated 12 June 2012

    Paris Court of Appeal, Pôle 1 - Chambre 1

    Case no.
    RG 10/22161
    Decision summary
    The court rejected the Republic of the Congo's application to annul the ICC partial award of 20 August 2010. It held that the 2003 debt-settlement protocol, which complemented the 1992 protocol, fell within the 1992 arbitration clause, and that Commisimpex had not unequivocally waived arbitration by seeking measures before the Congolese courts. The Republic of the Congo was ordered to pay EUR 20,000 under article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    2 authorities · 12 participants
    Republic of the Congo
    Representative
    Jean-Claude Cheviller (For: Republic of the Congo)
    Representative
    Jean-Yves Garaud (For: Republic of the Congo)
    Commission Import Export SA (Commisimpex)
    Representative
    SCP Duboscq-Pellerin (For: Commission Import Export SA (Commisimpex))
    Representative
    Jacques Pellerin (For: Commission Import Export SA (Commisimpex))
    Representative
    Christophe Seraglini (For: Commission Import Export SA (Commisimpex))
    Paris Court of Appeal, Pôle 1 - Chambre 1
    Judge
    Perie
    Judge
    Guihal
    Judge
    Dallery
    Other
    Institutional administrator
    Pate

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • Code of Civil, Commercial, Administrative and Financial Procedure of the Republic of the Congo
      statute

    7 months and 9 days later · 223 days

  5. 21 January 2013Arbitration

    21 January 2013Arbitration

    ICC Arbitral Award dated 21 January 2013

    International Chamber of Commerce

    Decision summary
    The award condemned the Republic of the Congo to pay Commisimpex under articles 2 and 3 of the 23 August 2003 protocol.

    Supporting details

    2 participants
    Commission Import Export SA (Commisimpex)
    Republic of the Congo
    International Chamber of Commerce

    1 year and 8 days later · 373 days

  6. 29 January 2014France

    29 January 2014France

    Judgment of the Court of Cassation, First Civil Chamber, pronounced 29 January 2014

    Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected the Republic of the Congo's appeal and upheld the rejection of its challenge to the 20 August 2010 partial award. It confirmed that the 2003 protocol fell within the 1992 arbitration clause and that Commisimpex had not waived that clause by its petition to the Congolese commercial court.

    Supporting details

    2 authorities · 2 participants
    Commission Import Export SA (Commisimpex)
    Republic of the Congo
    Court of Cassation, First Civil Chamber

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute

Matter record

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Commission Import Export SA v Republic of the Congo — ICC arbitration concerning the 1992 and 2003 debt-settlement protocols · Matter