Matter
DNO Yemen AS v Yemen Oil & Gas Corporation / The Yemen Company (Court of Justice C-842/24)
An ICC arbitration arising from the withdrawal of oil and natural-gas exploitation and production-sharing agreements in Yemen, and related French and European proceedings concerning annulment, enforcement, international public policy, and EU restrictive measures.
Procedural record
- 15 July 2019Arbitration
15 July 2019Arbitration
ICC Arbitral Award dated 15 July 2019
International Chamber of Commerce
- Decision summary
- DNO Yemen AS, Petrolin Trading Limited and Moe Oil & Gas Yemen Limited were ordered to pay damages to the Ministry of Oil and Minerals of the Republic of Yemen and Yemen Oil & Gas Corporation / The Yemen Company.
Participants
DNO Yemen AS
The Ministry of Oil and Minerals of the Republic of Yemen
Yemen Oil & Gas Corporation / The Yemen Company
Petrolin Trading Limited
Moe Oil & Gas Yemen Limited
International Chamber of Commerce
2 years, 2 months and 20 days later · 813 days
- 5 October 2021France
5 October 2021France
Judgment of the Paris Court of Appeal dated 5 October 2021
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal rejected DNO Yemen AS's action to set aside the ICC arbitral award dated 15 July 2019 and ordered DNO Yemen AS and others to pay EUR 200,000 in costs.
Participants
DNO Yemen AS
The Ministry of Oil and Minerals of the Republic of Yemen
Yemen Oil & Gas Corporation / The Yemen Company
Petrolin Trading Limited
Moe Oil & Gas Yemen Limited
Paris Court of Appeal
1 year, 9 months and 1 day later · 639 days
- 6 July 2023France
6 July 2023France
Order No. 90816 of the French Court of Cassation, First Presidency in the case G 22-13.596 dated 6 July 2023
French Court of Cassation, First Presidency
- Decision summary
- The Court of Cassation rejected the Ministry of Oil and Minerals of the Republic of Yemen and Yemen Oil & Gas Corporation / The Yemen Company's request to remove DNO Yemen AS's appeal from the register for non-payment of a EUR 200,000 costs order. It held that non-payment of an Article 700 costs award, without demonstrated exceptional circumstances, did not justify striking the appeal and would disproportionately impair access to the court of cassation.
Participants
The Ministry of Oil and Minerals of the Republic of Yemen
- Representative
- SCP Alain Bénabent (For: The Ministry of Oil and Minerals of the Republic of Yemen · Yemen Oil & Gas Corporation / The Yemen Company)
Yemen Oil & Gas Corporation / The Yemen Company
- Representative
- SCP Alain Bénabent (For: The Ministry of Oil and Minerals of the Republic of Yemen · Yemen Oil & Gas Corporation / The Yemen Company)
DNO Yemen AS
- Representative
- SARL Ortscheidt (For: DNO Yemen AS)
Petrolin Trading Limited
- Representative
- SCP Foussard et Froger (For: Petrolin Trading Limited · Moe Oil & Gas Yemen Limited)
Moe Oil & Gas Yemen Limited
- Representative
- SCP Foussard et Froger (For: Petrolin Trading Limited · Moe Oil & Gas Yemen Limited)
French Court of Cassation, First Presidency
- Judge
- Joël Boyer
- Advocate General
- Sophie Tuffreau
Other
- Institutional administrator
- Océane Gratian
3 years, 3 months and 9 days later · 1197 days
- 15 October 2026Luxembourg
15 October 2026Luxembourg
Judgment of the Court of Justice of the European Union (Fifth Chamber) in Case C-842/24 dated 15 October 2026
Court of Justice of the European Union, Fifth Chamber
- Decision summary
- The Court held that enforcing an arbitration award by making funds available to a non-listed public entity may constitute indirect making available to listed persons under the EU Yemen sanctions regime when those persons can actually obtain the funds. The prohibition applies where objective material evidence shows a sufficiently significant risk that listed persons will benefit; no general presumption of control applies, and the national court must assess all circumstances, including measures taken by Yemen's legitimate government to prevent that risk.
Participants
DNO Yemen AS
- Representative
- J. Clark (For: DNO Yemen AS)
- Representative
- I. Michou (For: DNO Yemen AS)
- Representative
- J. Ortscheidt (For: DNO Yemen AS)
Petrolin Trading Limited
Moe Oil & Gas Yemen Limited
The Ministry of Oil and Minerals of the Republic of Yemen
- Representative
- S. Bayrou (For: The Ministry of Oil and Minerals of the Republic of Yemen · Yemen Oil & Gas Corporation / The Yemen Company)
- Representative
- A. Bénabent (For: The Ministry of Oil and Minerals of the Republic of Yemen · Yemen Oil & Gas Corporation / The Yemen Company)
Yemen Oil & Gas Corporation / The Yemen Company
- Representative
- S. Bayrou (For: The Ministry of Oil and Minerals of the Republic of Yemen · Yemen Oil & Gas Corporation / The Yemen Company)
- Representative
- A. Bénabent (For: The Ministry of Oil and Minerals of the Republic of Yemen · Yemen Oil & Gas Corporation / The Yemen Company)
Dove Energy Limited
Court of Justice of the European Union, Fifth Chamber
- Judge
- M.L. Arastey Sahún
- Judge
- B. Smulders
- Judge
- E. Regan
- Judge
- J. Passer
- Judge
- D. Gratsias
- Advocate General
- M. Szpunar
- Court registrar
- F. Cathagne
Other
- Representative
- B. Fodda (For: French Government)
- Representative
- J.B. Merlin (For: French Government)
- Representative
- E. Timmermans (For: French Government)
- Representative
- B. Travard (For: French Government)
- Representative
- S. Fiorentino (For: Italian Government)
- Representative
- E.M.M. Besselink (For: Netherlands Government)
- Representative
- M.K. Bulterman (For: Netherlands Government)
- Representative
- L. Baumgart (For: European Commission)
- Representative
- J.-F. Brakeland (For: European Commission)
- Representative
- M. Carpus-Carcea (For: European Commission)