Arbitral Digest

Matter

N-Soft Ltd v Republic of Chad (Paris Court of Appeal RG 23/16612)

  1. 25 February 2021Chad

    25 February 2021Chad

    Order of the President of the N'Djamena Regional Court dated 25 February 2021

    President of the N'Djamena Regional Court

    Decision summary
    The President of the N'Djamena Regional Court homologated the settlement agreement between N-Soft Ltd and the Republic of Chad.

    1 year, 2 months and 28 days later · 452 days

  2. 23 May 2022Arbitration

    23 May 2022Arbitration

    Arbitral Award dated 23 May 2022

    Common Court of Justice and Arbitration of OHADA (CCJA)

    Decision summary
    The arbitral tribunal recorded the Republic of Chad's acknowledgment that it owed N-Soft Ltd EUR 25,000,000 under the settlement agreement, ordered Chad to pay N-Soft Ltd 48,000,000 CFA francs and EUR 36,952.80 with interest at the Chadian statutory rate, and ordered provisional enforcement.

    Supporting details

    2 participants
    N-Soft Ltd
    Republic of Chad
    Common Court of Justice and Arbitration of OHADA (CCJA)

    1 month and 11 days later · 42 days

  3. 4 July 2022France

    4 July 2022France

    Exequatur Order of the President of the Paris Judicial Court dated 4 July 2022

    President of the Paris Judicial Court

    Decision summary
    The President of the Paris Judicial Court granted exequatur of the 23 May 2022 arbitral award.

    17 days later · 17 days

  4. 21 July 2022France

    21 July 2022France

    Ex Parte Order of the Enforcement Judge of the Paris Judicial Court dated 21 July 2022

    Enforcement Judge, Paris Judicial Court

    Decision summary
    The Enforcement Judge authorized N-Soft Ltd to register a provisional judicial mortgage over the Republic of Chad's properties in Paris to secure EUR 2,000,000.

    8 months and 22 days later · 265 days

  5. 12 April 2023France

    12 April 2023France

    Judgment of the Paris Judicial Court dated 12 April 2023

    Paris Judicial Court

    Decision summary
    The Paris Judicial Court rejected N-Soft Ltd's application for exequatur of the 3 June 2020 settlement agreement and the N'Djamena homologation order.

    3 months and 13 days later · 104 days

  6. 25 July 2023France

    25 July 2023France

    Judgment of the Enforcement Judge of the Paris Judicial Court dated 25 July 2023

    Enforcement Judge, Paris Judicial Court

    Decision summary
    The Enforcement Judge retracted the authorization to register the provisional judicial mortgage over the Republic of Chad's properties, ordered its release, rejected the request to declare the mortgage lapsed, and ordered N-Soft Ltd to pay costs and EUR 8,000 under Article 700 of the French Code of Civil Procedure.

    1 year, 1 month and 18 days later · 415 days

  7. 12 September 2024France

    12 September 2024France

    Judgment of the Paris Court of Appeal, Pôle 1 - Chamber 10, in RG 23/16612 dated 12 September 2024

    Paris Court of Appeal, Pôle 1 - Chamber 10

    Case no.
    RG 23/16612
    Decision summary
    The Paris Court of Appeal confirmed the retraction of the authorization to register a provisional judicial mortgage over the Republic of Chad's properties and ordered the mortgage released because the properties were intended to serve as the ambassador's residence and were protected by enforcement immunity. The court held the request to declare the mortgage lapsed moot, upheld the first-instance costs orders, and ordered N-Soft Ltd to pay Chad EUR 5,000 under Article 700 of the French Code of Civil Procedure and the appeal costs.

    Supporting details

    4 authorities · 14 participants
    N-Soft Ltd
    Representative
    Frédérique ETEVENARD (For: N-Soft Ltd)
    Representative
    Alexandre REYNAUD (For: N-Soft Ltd)
    Representative
    SELARL TALMA AVOCATS (For: N-Soft Ltd)
    Republic of Chad
    Representative
    Benjamin MOISAN (For: Republic of Chad)
    Representative
    SELARL BAECHLIN MOISAN Associés (For: Republic of Chad)
    Representative
    Jean-Yves Garaud (For: Republic of Chad)
    Representative
    Aude Dupuis (For: Republic of Chad)
    Representative
    Matthieu Larroque (For: Republic of Chad)
    Paris Court of Appeal, Pôle 1 - Chamber 10
    Other
    Institutional administrator
    Grégoire GROSPELLIER

    Authorities cited

    4
    • French Code of Civil Enforcement Procedures
      statute
    • Vienna Convention on Diplomatic Relations of 18 April 1961
      statute
    • French Court of Cassation, First Civil Chamber, 7 July 2021, no. 20-15994
      case law
    • French Code of Civil Procedure
      statute

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N-Soft Ltd v Republic of Chad (Paris Court of Appeal RG 23/16612) · Matter