Arbitral Digest

Matter

Afriland First Group SA and others v. Democratic Republic of the Congo (ICSID Case No. ARB/23/38)

Case no.
ARB/23/38
  1. 16 July 2025Arbitration

    16 July 2025Arbitration

    Decision on the Bifurcated Issue

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the bifurcated jurisdictional objection, held that Afriland First Group SA has standing to act as a claimant, and ordered the proceedings to continue between the four claimants and the Democratic Republic of the Congo. It deferred other decisions, including on costs; the decisions were unanimous except for the standing decision, which was adopted by majority.

    Supporting details

    10 authorities · 10 participants
    Afriland First Group SA
    Afriland First Bank SA
    Joseph Toubi
    Paul Kammogne Fokam
    Democratic Republic of the Congo
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Alexis Mourre
    Tribunal secretary
    Laura Bergamini
    Tribunal secretary
    Francisca Seara Cardoso

    Authorities cited

    10
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Democratic Republic of the Congo Investment Code, Law No. 004/2002 of 21 February 2002 (Law No. 004/2002 of 21 February 2002)
      statute
    • Democratic Republic of the Congo Banking Law, Law No. 003/2002 of 2 February 2002 (Law No. 003/2002 of 2 February 2002)
      statute
    • Democratic Republic of the Congo Prime Minister's Decree No. 10/16 of 22 April 2010 (Decree No. 10/16 of 22 April 2010)
      statute
    • Democratic Republic of the Congo Prime Minister's Decree No. 12/046 of 1 November 2012 (Decree No. 12/046 of 1 November 2012)
      statute
    • Amco Asia Corporation and others v. Republic of Indonesia (ICSID Case No. ARB/81/1, Decision on Jurisdiction, 25 September 1983)
      case law
    • Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud v. Democratic Republic of the Congo (ICSID Case No. ARB/10/4, Award, 7 February 2014)
      case law
    • Societe Resort Company Invest Abidjan, Stanilas Citirici, and Gerard Bot v. Republic of Cote d'Ivoire (ICSID Case No. ARB/16/11, Decision on Jurisdiction, 1 August 2017)
      case law
    • Southern Pacific Properties (Middle East) Limited v. Arab Republic of Egypt (ICSID Case No. ARB/84/3, Award, 20 May 1992)
      case law
    • Holiday Inns S.A. and others v. Morocco (ICSID Case No. ARB/72/1, Decision on Jurisdiction, 1 July 1973)
      case law

Matter record

Report a correction

Afriland First Group SA and others v. Democratic Republic of the Congo (ICSID Case No. ARB/23/38) · Matter