Arbitral Digest

Matter

Groupe Antoine Y… v Republic of Congo (ICC arbitration and French annulment proceedings)

French proceedings concerning the ICC arbitration between Groupe Antoine Y… and the Republic of Congo, including interest and the resulting payment order.

  • Setting aside arbitral awards
  • Recognition and enforcement of arbitral awards
Seat
France
Applicable rules
ICC Arbitration Rules

Procedural record

  1. 30 March 2000France

    30 March 2000France

    ICC arbitral sentence no. 1 dated 30 March 2000

    International Chamber of Commerce

    Decision summary
    The tribunal ruled on its jurisdiction.

    Participants

    Groupe Antoine Y…
    Republic of the Congo
    International Chamber of Commerce

    2 years, 2 months and 5 days later · 796 days

  2. 4 June 2002France

    4 June 2002France

    ICC arbitral sentence no. 2 dated 4 June 2002

    International Chamber of Commerce

    Decision summary
    The tribunal held that interest was due, required the parties to calculate it within a specified period, and ordered the Republic of the Congo to pay more than EUR 16 million without a coercive fine.

    Participants

    Groupe Antoine Y…
    Republic of the Congo
    International Chamber of Commerce

    1 year, 6 months and 4 days later · 552 days

  3. 8 December 2003France

    8 December 2003France

    ICC arbitral sentence no. 3 dated 8 December 2003

    International Chamber of Commerce

    Decision summary
    The tribunal ordered Groupe Antoine Y… to place in escrow sums received from TEP Congo above the EUR 16 million provision.

    Participants

    Groupe Antoine Y…
    Republic of the Congo
    International Chamber of Commerce

    3 days later · 3 days

  4. 11 December 2003France

    11 December 2003France

    ICC procedural order dated 11 December 2003

    International Chamber of Commerce

    Decision summary
    Pending execution of the escrow agreement, the tribunal president ordered Groupe Antoine Y… to consign sums paid above EUR 16 million with the bâtonnier.

    Participants

    Groupe Antoine Y…
    Republic of the Congo
    International Chamber of Commerce

    4 years, 2 months and 16 days later · 1539 days

  5. 27 February 2008France

    27 February 2008France

    ICC arbitral sentence no. 4 dated 27 February 2008

    International Chamber of Commerce

    Decision summary
    The tribunal rejected the partial reconsideration of sentence no. 2, applied contractual interest of 10% through 31 December 2004 and 4.5% thereafter to the relevant balance, and deprived Groupe Antoine Y… of EUR 449,889.30 in interest for non-compliance with the provisional measures in sentence no. 3.

    Participants

    Groupe Antoine Y…
    Republic of the Congo
    International Chamber of Commerce
    Arbitrator
    D… C…

    1 year, 7 months and 29 days later · 607 days

  6. 26 October 2009France

    26 October 2009France

    ICC final arbitral sentence no. 5

    International Chamber of Commerce

    Participants

    Groupe Antoine Y…
    Republic of the Congo
    International Chamber of Commerce

    7 years, 6 months and 8 days later · 2747 days

  7. 4 May 2017France

    4 May 2017France

    Judgment of the French Court of Cassation, First Civil Chamber, in appeal no. D 15-29.158 dated 4 May 2017

    French Court of Cassation, First Civil Chamber

    Case no.
    D 15-29.158
    Citation
    Cass. civ. 1, 4 May 2017, no. 532 FS-P+B
    Decision summary
    The Court of Cassation rejected Groupe Antoine Y…’s appeal against the Versailles Court of Appeal’s refusal to annul ICC sentence no. 4. It held that the tribunal president’s undisclosed business relationships with the Total group did not create a reasonable doubt about independence or impartiality because TEP Congo was not a party and the arbitration had no financial effect on it, and that the tribunal had not exceeded its mission in addressing the alleged concealed repayment schedule and the provisional measures. Groupe Antoine Y… was condemned to costs and its request under article 700 of the French Code of Civil Procedure was rejected.

    Participants

    Groupe Antoine Y…
    Representative
    SCP Spinosi et Sureau (For: Groupe Antoine Y…)
    Minister of Economy, Finance and Budget of the Republic of the Congo
    French Court of Cassation, First Civil Chamber
    Judge
    Mme X…
    Judge
    M. Z…
    Judge
    Reynis
    Judge
    Reygner
    Judge
    Vigneau
    Judge
    Acquaviva
    Judge
    Mme Auroy
    Judge
    Mansion
    Judge
    Mouty-Tardieu
    Judge
    Le Cotty
    Judge
    Gargoullaud
    Advocate General
    M. A…
    Other
    Institutional administrator
    Mme Pecquenard

    Authorities cited

    8
    • French Code of Civil Procedure
      statute
    • French Judicial Organisation Code
      statute
    • European Convention on Human Rights
      treaty
    • ICC Arbitration Rules
      rules
    • French Court of Cassation, First Civil Chamber, 12 October 2011, appeal no. 10-14.687 (Cass. civ. 1, 12 October 2011, appeal no. 10-14.687)
      case law
    • Paris Court of Appeal, 11 May 2006
      case law
    • Paris Court of Appeal, 17 March 2011
      case law
    • French Court of Cassation, 25 June 2014
      case law

Matter record

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Groupe Antoine Y… v Republic of Congo (ICC arbitration and French annulment proceedings) · Matter