Arbitral Digest

Matter

Spouses O v Democratic Republic of the Congo (Paris Court of Appeal RG 19/11412)

  1. 7 February 2014Arbitration

    7 February 2014Arbitration

    ICSID Award of 7 February 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ICSID award ordered the Democratic Republic of the Congo to pay the spouses O principal, accrued interest, arbitration costs, and legal and representation costs totaling EUR 2,967,981.59, subject to adjustment.

    Supporting details

    3 participants
    M. [A] [O]
    Mme [U] [H] épouse [O]
    Democratic Republic of the Congo
    International Centre for Settlement of Investment Disputes

    27 days later · 27 days

  2. 6 March 2014France

    6 March 2014France

    Exequatur Order of the President of the Paris Regional Court dated 6 March 2014

    President of the Paris Regional Court

    Decision summary
    The President of the Paris Regional Court granted exequatur to the ICSID award of 7 February 2014 in favour of the spouses O.

    Supporting details

    3 participants
    M. [A] [O]
    Mme [U] [H] épouse [O]
    Democratic Republic of the Congo
    President of the Paris Regional Court

    3 years, 2 months and 23 days later · 1180 days

  3. 29 May 2017France

    29 May 2017France

    Seizure Authorization Order of the Paris Enforcement Judge dated 29 May 2017

    Enforcement Judge of the Paris Regional Court

    Decision summary
    The Paris enforcement judge authorized the spouses O to commence real-estate seizure proceedings against property owned by the Democratic Republic of the Congo in Antony.

    Supporting details

    3 participants
    M. [A] [O]
    Mme [U] [H] épouse [O]
    Democratic Republic of the Congo
    Enforcement Judge of the Paris Regional Court

    1 year and 30 days later · 395 days

  4. 28 June 2018France

    28 June 2018France

    Judgment of the Paris Court of Appeal dated 28 June 2018

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal overturned the enforcement judge's decision that had lifted the payment order and real-estate seizure, while maintaining its rejection of the Democratic Republic of the Congo's procedural objections.

    Supporting details

    3 participants
    M. [A] [O]
    Mme [U] [H] épouse [O]
    Democratic Republic of the Congo
    Paris Court of Appeal

    6 months and 13 days later · 196 days

  5. 10 January 2019France

    10 January 2019France

    Judgment of the Paris Enforcement Judge dated 10 January 2019

    Enforcement Judge of the Paris Regional Court

    Decision summary
    The Paris enforcement judge lifted the 13 September 2017 payment order and real-estate seizure, dismissed the spouses O's enforcement requests, and ordered them to pay the costs.

    Supporting details

    3 participants
    M. [A] [O]
    Mme [U] [H] épouse [O]
    Democratic Republic of the Congo
    Enforcement Judge of the Paris Regional Court

    11 months and 30 days later · 364 days

  6. 9 January 2020France

    9 January 2020France

    Judgment of the Paris Court of Appeal in case RG 19/11412 dated 9 January 2020

    Paris Court of Appeal, Pôle 4 - Chamber 8

    Case no.
    RG 19/11412
    Decision summary
    The Paris Court of Appeal validated the spouses O's real-estate seizure procedure, fixed their claim against the Democratic Republic of the Congo at EUR 2,811,553.74 as of 21 July 2017, ordered the forced sale of the seized property at a EUR 200,000 opening price, and rejected the Congo's enforcement-immunity objection.

    Supporting details

    6 authorities · 12 participants
    M. [A] [O]
    Representative
    Julie Couturier (For: M. [A] [O] · Mme [U] [H] épouse [O])
    Representative
    Jcd Avocats (For: M. [A] [O] · Mme [U] [H] épouse [O])
    Mme [U] [H] épouse [O]
    Representative
    Julie Couturier (For: M. [A] [O] · Mme [U] [H] épouse [O])
    Representative
    Jcd Avocats (For: M. [A] [O] · Mme [U] [H] épouse [O])
    Democratic Republic of the Congo
    Representative
    Michel Pombia (For: Democratic Republic of the Congo)
    Paris Court of Appeal, Pôle 4 - Chamber 8
    Other
    Court Reporter
    Juliette Jarry
    Institutional administrator
    scp Venezia & Associés
    Expert
    Bardel

    Authorities cited

    6
    • French Code of Civil Enforcement Procedures
      statute
    • French Code of Civil Procedure
      statute
    • Vienna Convention on Diplomatic Relations
      statute
    • Washington Convention
      statute
    • French Law No. 2016-1691 of 9 December 2016
      statute
    • French Court of Cassation, First Civil Chamber, judgment of 25 January 2005 (No. 03-18.176) (03-18.176)
      case law

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Spouses O v Democratic Republic of the Congo (Paris Court of Appeal RG 19/11412) · Matter