Arbitral Digest

Matter

Commission Import Export SA (Commisimpex) v Republic of the Congo (French Court of Cassation, First Civil Chamber, 29 January 2014)

Applicable rules
ICC Arbitration Rules
  1. 3 December 2000Arbitration

    3 December 2000Arbitration

    Arbitral award of 3 December 2000

    International Chamber of Commerce

    Decision summary
    The tribunal ordered the Republic of the Congo and the Caisse congolaise d'amortissement to pay a sum to Commission Import Export SA.

    Supporting details

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

    9 years, 8 months and 17 days later · 3547 days

  2. 20 August 2010Arbitration

    20 August 2010Arbitration

    Partial arbitral award of 20 August 2010

    International Chamber of Commerce

    Decision summary
    The arbitral tribunal declared itself competent to decide the dispute concerning sums remaining due under the 2003 protocol.

    Supporting details

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

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

  3. 12 June 2012France

    12 June 2012France

    Judgment of the Paris Court of Appeal in case 10/22161 dated 12 June 2012

    Paris Court of Appeal, Pôle 1, Chambre 1

    Case no.
    10/22161
    Decision summary
    The Paris Court of Appeal rejected the Republic of the Congo's action to set aside the 20 August 2010 partial award. It held that the 2003 debt-settlement protocol fell within the 1992 arbitration clause and that Commisimpex had not unequivocally waived that clause by seeking measures before the Congolese courts.

    Supporting details

    2 authorities · 11 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
    Other
    Institutional administrator
    Madame Pate

    Authorities cited

    2
    • French Code of Civil Procedure
      statute
    • Congolese Code of Civil, Commercial, Administrative and Financial Procedure (Code of Civil, Commercial, Administrative and Financial Procedure)
      statute

    1 year, 7 months and 17 days later · 596 days

  4. 29 January 2014France

    29 January 2014France

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

    French Court of Cassation, First Civil Chamber

    Decision summary
    The French Court of Cassation rejected the Republic of the Congo's appeal and upheld the Paris Court of Appeal's rejection of the challenge to the partial award. It confirmed that the 2003 protocol fell within the 1992 arbitration clause and that Commisimpex had not waived arbitration by its 2001 application to the President of the Commercial Court of Brazzaville.

    Supporting details

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

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • Congolese Code of Civil, Commercial, Administrative and Financial Procedure (Code of Civil, Commercial, Administrative and Financial Procedure)
      statute

Matter record

Report a correction

Commission Import Export SA (Commisimpex) v Republic of the Congo (French Court of Cassation, First Civil Chamber, 29 January 2014) · Matter