Arbitral Digest

Matter

Commisimpex v Republic of the Congo (ICC Award of 3 December 2000)

Applicable rules
ICC Arbitration Rules
  1. 13 May 2015France

    13 May 2015France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 13 May 2015

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation quashed the Versailles Court of Appeal judgment that had lifted Commisimpex's seizures of the Republic of the Congo's diplomatic accounts. It held that customary international law required no more than an express waiver of execution immunity and remanded the case to the Paris Court of Appeal.

    Supporting details

    6 authorities · 3 participants
    Commissions Import Export (Commisimpex)
    Representative
    SCP Ortscheidt (For: Commissions Import Export (Commisimpex))
    Republic of the Congo
    French Court of Cassation, First Civil Chamber

    Authorities cited

    6
    • Vienna Convention on Diplomatic Relations of 18 April 1961
      treaty
    • European Convention on Human Rights
      treaty
    • Additional Protocol No. 1 to the European Convention on Human Rights of 20 March 1952
      treaty
    • French Code of Civil Enforcement Procedures
      statute
    • French Code of Civil Procedure
      statute
    • Statute of the International Court of Justice
      treaty

    2 years, 7 months and 28 days later · 973 days

  2. 10 January 2018France

    10 January 2018France

    Judgment of the French Court of Cassation, First Civil Chamber, in case F 16-22.494 dated 10 January 2018

    French Court of Cassation, First Civil Chamber

    Case no.
    F 16-22.494
    Decision summary
    The Court of Cassation annulled without remand the Paris Court of Appeal judgment that had validated Commisimpex's 12 October 2011 seizures of the Republic of the Congo's diplomatic accounts. It confirmed the 15 December 2011 judgment lifting those seizures because the creditor had not disproved the diplomatic allocation of the accounts and a waiver of execution immunity had to be express and special.

    Supporting details

    5 authorities · 4 participants
    Republic of the Congo
    Representative
    SCP Rousseau et Tapie (For: Republic of the Congo)
    Commissions Import Export (Commisimpex)
    Representative
    SCP Ortscheidt (For: Commissions Import Export (Commisimpex))
    French Court of Cassation, First Civil Chamber

    Authorities cited

    5
    • Vienna Convention on Diplomatic Relations of 18 April 1961
      treaty
    • French Code of Civil Enforcement Procedures
      statute
    • French Code of Civil Procedure
      statute
    • French Court of Cassation judgment of 28 September 2011 (French Court of Cassation, First Civil Chamber, 28 September 2011, no. 09-72.057)
      case
    • French Court of Cassation judgments of 28 March 2013 (French Court of Cassation, First Civil Chamber, 28 March 2013, nos. 10-25.938 and 11-10.450)
      case

    1 year later · 365 days

  3. 10 January 2019France

    10 January 2019France

    Judgment of the French Court of Cassation, Second Civil Chamber, in case T 17-21.313 dated 10 January 2019

    French Court of Cassation, Second Civil Chamber

    Case no.
    T 17-21.313
    Decision summary
    The Court of Cassation partially quashed the Versailles Court of Appeal judgment that had ordered Société Générale to pay Commisimpex €4,892,963.63 as third-party bank for the 3 November 2011 seizure. It held that the lower court had not established that the bank had acknowledged owing the seized sums or had been judicially found liable, and remanded that issue to the Versailles Court of Appeal.

    Supporting details

    1 authority · 4 participants
    Société générale
    Representative
    SCP Célice, Soltner, Texidor et Périer (For: Société générale)
    Commissions Import Export (Commisimpex)
    Representative
    SCP Ortscheidt (For: Commissions Import Export (Commisimpex))
    French Court of Cassation, Second Civil Chamber

    Authorities cited

    1
    • French Code of Civil Enforcement Procedures
      statute

    4 years, 1 month and 13 days later · 1505 days

  4. 23 February 2023France

    23 February 2023France

    Judgment of the Paris Court of Appeal in case RG 22/05139 dated 23 February 2023

    Paris Court of Appeal

    Case no.
    RG 22/05139
    Decision summary
    The Paris Court of Appeal confirmed the judgment that annulled Commisimpex's 9 February 2021 seizure of AFD financing and French debt-relief subsidies payable to the Republic of the Congo, while leaving the seizure effective for AFD's tax and social-security debts. It dismissed Commisimpex's appeal and ordered it to pay AFD's appeal costs and €5,000 under article 700 of the French Code of Civil Procedure.

    Supporting details

    7 authorities · 11 participants
    Commissions Import Export (Commisimpex)
    Representative
    SELAS Archipel (For: Commissions Import Export (Commisimpex))
    Representative
    Jacques-Alexandre Genet (For: Commissions Import Export (Commisimpex))
    Republic of the Congo
    Agence française de développement
    Representative
    Jean-Philippe Autier (For: Agence française de développement)
    Representative
    Dominique Mondoloni (For: Agence française de développement)
    Paris Court of Appeal
    Other
    Court Reporter
    Grégoire Grospellier

    Authorities cited

    7
    • French Code of Civil Enforcement Procedures
      statute
    • French Code of Civil Procedure
      statute
    • French Monetary and Financial Code
      statute
    • French Civil Code
      statute
    • French General Code of Public Property
      statute
    • French Rectifying Finance Law for 2003 of 30 December 2003 (Article 87 of the French Rectifying Finance Law for 2003 of 30 December 2003)
      statute
    • Finance Committee Report on the Supplementary Finance Bill for 2003
      report
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Commisimpex v Republic of the Congo (ICC Award of 3 December 2000) · Matter