Arbitral Digest

Matter

Connecticut Bank of Commerce v Republic of the Congo (French Court of Cassation, First Civil Chamber, joined appeals nos. 04-13.108 and 04-16.889)

  1. 3 July 2003France

    3 July 2003France

    Judgment of the Paris Court of Appeal dated 3 July 2003

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal treated SNPC as an emanation of the Republic of the Congo, but found the notification of the seizures defective and declared the seizure measures of 24 October 2001 ineffective, ordering their release.

    Supporting details

    3 participants
    Société nationale des pétroles du Congo
    Republic of the Congo
    Connecticut Bank of Commerce
    Paris Court of Appeal

    3 years, 7 months and 3 days later · 1314 days

  2. 6 February 2007France

    6 February 2007France

    Judgment of the French Court of Cassation, First Civil Chamber, in joined appeals nos. 04-13.108 and 04-16.889 dated 6 February 2007

    French Court of Cassation, First Civil Chamber

    Case no.
    04-13.108 and 04-16.889
    Decision summary
    The Court of Cassation partially quashed the Paris Court of Appeal judgment concerning seizures made against SNPC for the Republic of the Congo's debt. It held that SNPC was an emanation of the Republic without a distinct patrimony and that the Republic had contractually waived notification, jurisdiction, and enforcement immunities; it remitted those issues to a differently composed Paris Court of Appeal.

    Supporting details

    6 authorities · 6 participants
    Société nationale des pétroles du Congo
    Republic of the Congo
    Connecticut Bank of Commerce
    AF-CAP Inc
    BNP Paribas
    Société générale
    French Court of Cassation, First Civil Chamber

    Authorities cited

    6
    • Judgment of the High Court of Justice of London
      case-law
    • Congolese law of 23 April 1998 establishing SNPC
      statute
    • French Civil Code
      statute
    • French Law of 9 July 1991
      statute
    • French Decree of 31 July 1992
      statute
    • French new Code of Civil Procedure
      statute
  3. Date not availableArbitration

    Date not availableArbitration

    Arbitral Award in Connecticut Bank of Commerce v Republic of the Congo

    Supporting details

    2 participants
    Connecticut Bank of Commerce
    Republic of the Congo
  4. Date not availableUnited Kingdom

    Date not availableUnited Kingdom

    Judgment of the High Court of Justice of London

    High Court of Justice of London

    Decision summary
    The High Court of Justice of London issued a payment judgment against the Republic of the Congo, which was later granted exequatur in France.

    Supporting details

    2 participants
    Connecticut Bank of Commerce
    Republic of the Congo
    High Court of Justice of London

Matter record

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Connecticut Bank of Commerce v Republic of the Congo (French Court of Cassation, First Civil Chamber, joined appeals nos. 04-13.108 and 04-16.889) · Matter