Matter
Energoinvest DD v Société Nationale d'Électricité (SNEL) and Democratic Republic of the Congo (Paris Court of Appeal RG 24/18541)
- 30 April 2003Switzerland
30 April 2003Switzerland
ICC Arbitral Award No. 11441/KGA dated 30 April 2003
International Court of Arbitration of the International Chamber of Commerce
- Award no.
- 11441/KGA
- Decision summary
- The tribunal held the Democratic Republic of the Congo and SNEL jointly and severally liable to pay Energoinvest USD 11,725,844.96, plus interest and arbitration costs.
Supporting details
4 participantsEnergoinvest
Société Nationale d'Électricité (SNEL)
Democratic Republic of the Congo
International Court of Arbitration of the International Chamber of Commerce
- Institutional administrator
- International Court of Arbitration of the International Chamber of Commerce
6 years, 6 months and 6 days later · 2381 days
- 5 November 2009France
5 November 2009France
Order of the President of the Paris Regional Court dated 5 November 2009
Paris Regional Court
- Decision summary
- The President of the Paris Regional Court granted exequatur in France to the ICC arbitral award rendered in Zurich on 30 April 2003 in case 11441/KGA, at the request of FG Hemisphere as Energoinvest's assignee.
4 months and 28 days later · 148 days
- 2 April 2010Democratic Republic of the Congo
2 April 2010Democratic Republic of the Congo
Judgment of the Kinshasa Regional Court dated 2 April 2010
Kinshasa Regional Court
- Decision summary
- The Kinshasa Regional Court judgment of 2 April 2010 was presented in the Paris proceedings as the judgment for which SNEL sought recognition and enforcement; the Paris Court of Appeal rejected that exequatur request.
6 years and 10 days later · 2202 days
- 12 April 2016France
12 April 2016France
Judgment of the Paris Court of Appeal dated 12 April 2016
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal declared inadmissible the Democratic Republic of the Congo's claim to exercise retrait litigieux and rejected its appeal in the enforcement proceedings concerning the Energoinvest award.
1 year, 10 months and 16 days later · 687 days
- 28 February 2018France
28 February 2018France
Judgment of the French Court of Cassation, First Civil Chamber, in case R 16-22.112 dated 28 February 2018
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation quashed the Paris Court of Appeal's 12 April 2016 decision in full and remitted the case. It held that the exercise of the statutory right of retrait litigieux affected enforcement of the arbitral award and therefore could not be excluded from the appellate court's review.
Supporting details
2 authorities · 7 participantsDemocratic Republic of the Congo
- Representative
- SCP Ortscheidt (For: Democratic Republic of the Congo)
FG Hemisphere Associates LLC
- Representative
- SCP Lesourd (For: FG Hemisphere Associates LLC)
French Court of Cassation, First Civil Chamber
1 day later · 1 days
- 1 March 2018France
1 March 2018France
Order of the Paris Court of Appeal Case Management Judge dated 1 March 2018
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal case-management judge found that defects in service of the 5 November 2009 exequatur order meant that the time limits for SNEL's appeal had not begun to run.
1 year, 10 months and 13 days later · 684 days
- 14 January 2020France
14 January 2020France
Judgment of the Paris Court of Appeal dated 14 January 2020
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal stayed SNEL's appeal pending the decision on remand in the related Democratic Republic of the Congo enforcement proceedings arising from the same Energoinvest award.
1 year, 10 months and 23 days later · 693 days
- 7 December 2021France
7 December 2021France
Judgment of the Paris Court of Appeal on remand dated 7 December 2021
Paris Court of Appeal, International Commercial Chamber
- Decision summary
- On remand after the 2018 cassation, the Paris Court of Appeal rejected the Democratic Republic of the Congo's retrait litigieux claim and its appeal concerning enforcement of the Energoinvest award.
2 years, 2 months and 21 days later · 813 days
- 28 February 2024France
28 February 2024France
Judgment of the French Court of Cassation, First Civil Chamber, in case K 22-16.151 dated 28 February 2024
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation partially quashed the Paris Court of Appeal's 7 December 2021 judgment, without remand, only as to the rejection of the Democratic Republic of the Congo's retrait litigieux claim. It declared that claim inadmissible and otherwise left the enforcement proceedings intact.
Supporting details
7 authorities · 7 participantsDemocratic Republic of the Congo
- Representative
- Société Ortscheidt (For: Democratic Republic of the Congo)
FG Hemisphere Associates LLC
- Representative
- SCP Duhamel (For: FG Hemisphere Associates LLC)
French Court of Cassation, First Civil Chamber
- Judge
- Champalaune
- Advocate General
- Cazaux-Charles
Other
- Institutional administrator
- Ben Belkacem
1 year, 6 months and 19 days later · 566 days
- 16 September 2025France
16 September 2025France
Decision of the Paris Court of Appeal, International Commercial Chamber, in case RG 24/18541 dated 16 September 2025
Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16
- Decision summary
- The court rejected SNEL's applications to annul the 5 November 2009 exequatur order and its service, rejected SNEL's request to enforce the 2 April 2010 Kinshasa judgment, and confirmed the exequatur of the ICC award in case 11441/KGA. It also rejected the abuse-of-process claim and ordered SNEL to pay costs and EUR 100,000 to FG Hemisphere under article 700 of the French Code of Civil Procedure.
Supporting details
9 authorities · 12 participantsSociété Nationale d'Électricité (SNEL)
- Representative
- Benoît Henry (For: Société Nationale d'Électricité (SNEL))
FG Hemisphere Associates LLC
- Representative
- Jean-Claude Chevillier (For: FG Hemisphere Associates LLC)
- Representative
- Charles Emmanuel Prieur (For: FG Hemisphere Associates LLC)
- Representative
- Clémence Lemétais d'Ormesson (For: FG Hemisphere Associates LLC)
Democratic Republic of the Congo
- Representative
- Matthieu Boccon Gibod (For: Democratic Republic of the Congo)
Paris Court of Appeal, International Commercial Chamber, Pole 5 Chamber 16
- Judge
- Daniel Barlow
- Judge
- Jacques Le Vaillant
- Judge
- Joanna Ghorayeb
Other
- Institutional administrator
- Najma El Farissi