Arbitral Digest

Matter

Groupe Antoine X... v Republic of the Congo

  1. 8 December 2003Arbitration

    8 December 2003Arbitration

    Second partial arbitral award dated 8 December 2003

    International Chamber of Commerce

    Decision summary
    At the request of the Republic of the Congo, the tribunal ordered Groupe Antoine X... to instruct TEP Congo to pay into an escrow account amounts above the sum retained in the first partial award that TEP Congo might pay Groupe Antoine X... in enforcement of a Swiss judicial decision; the award was granted exequatur.

    Supporting details

    2 participants
    Republic of the Congo
    Groupe Antoine X...
    International Chamber of Commerce

    3 years, 6 months and 26 days later · 1304 days

  2. 4 July 2007France

    4 July 2007France

    Decision of the French Court of Cassation, First Civil Chamber in joined cases nos. 05-14.918, 05-17.433 and 05-16.585 dated 4 July 2007

    French Court of Cassation, First Civil Chamber

    Case no.
    05-14.918, 05-17.433 and 05-16.585
    Citation
    French Court of Cassation, First Civil Chamber, 4 July 2007
    Decision summary
    The court rejected the three appeals concerning the French exequatur of Swiss court decisions in the GAT–Republic of the Congo dispute. It held that arbitration decisions fall outside the Lugano Convention recognition regime and that the Swiss decisions were not incompatible with the 8 December 2003 partial arbitral award.

    Supporting details

    3 authorities · 5 participants
    Groupe Antoine X...
    Republic of the Congo
    Total E & P Congo
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • French Code of Criminal Procedure
      statute
    • Lugano Convention of 16 September 1988
      treaty
    • French New Code of Civil Procedure
      statute
  3. 4 July 2007France

    4 July 2007France

    Decision of the French Court of Cassation, First Civil Chamber in joined cases nos. 05-16.586 and 05-16.605 dated 4 July 2007

    French Court of Cassation, First Civil Chamber

    Case no.
    05-16.586 and 05-16.605
    Citation
    French Court of Cassation, First Civil Chamber, 4 July 2007
    Decision summary
    The court rejected the two appeals concerning enforcement of the 8 December 2003 partial award. It held that the ICC arbitration rules did not make the award automatically enforceable, that the annulment appeal was suspensive, and that the escrow obligation was not a conservatory measure that could support a penalty payment.

    Supporting details

    4 authorities · 5 participants
    Groupe Antoine Tabet
    Republic of the Congo
    Total E & P Congo
    French Court of Cassation, First Civil Chamber

    Authorities cited

    4
    • French Civil Code
      statute
    • ICC Rules of Arbitration
      procedural rules
    • French New Code of Civil Procedure
      statute
    • French Law of 9 July 1991
      statute
  4. Date not availableArbitration

    Date not availableArbitration

    First partial arbitral award

    International Chamber of Commerce

    Decision summary
    The tribunal ordered the Republic of the Congo to pay Groupe Antoine X... more than EUR 16 million and reserved the amount of interest remaining due.

    Supporting details

    2 participants
    Republic of the Congo
    Groupe Antoine X...
    International Chamber of Commerce

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