Arbitral Digest

Matter

Patrick Mitchell v. Democratic Republic of the Congo (ICSID Case No. ARB/99/7)

Case no.
ARB/99/7
Applicable rules
ICSID Convention - Arbitration Rules
  1. 9 February 2004Arbitration

    9 February 2004Arbitration

    Award dated 9 February 2004

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that the dispute was within ICSID jurisdiction and its competence, and that the Democratic Republic of the Congo had expropriated Patrick H. Mitchell's investment in violation of Article III(1) of the bilateral investment treaty. It ordered the Democratic Republic of the Congo to pay US$750,000 plus 7.75% annual interest from 6 March 1999 until payment, rejected the counterclaim, and ordered a further US$95,000 plus 7.75% annual interest as a contribution to Mitchell's costs.

    Supporting details

    6 authorities · 7 participants
    Patrick H. Mitchell
    Representative
    Fluxman Rabinowitz-Raphaely Weiner (For: Patrick H. Mitchell)
    Democratic Republic of the Congo
    Representative
    Mbombo & Associés (For: Democratic Republic of the Congo)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Andreas Bucher
    Arbitrator
    Yawovi Agboyibo
    Arbitrator
    Marc Lalonde

    Authorities cited

    6
    • Benvenuti et Bonfant Srl v Government of the People's Republic of the Congo (ICSID Case No. ARB/77/2, Award of August 8, 1980)
      case-law
    • Constitution of the Democratic Republic of the Congo of 1994
      statute
    • Law No. 77-001 of the Democratic Republic of the Congo of February 22, 1977
      statute
    • Law of the Democratic Republic of the Congo on the Organization of the Profession of Attorney-at-Law of September 28, 1979
      statute
    • Treaty between Zaire and the United States of America concerning the Reciprocal Encouragement and Protection of Investments (Treaty concluded August 3, 1984)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty

    9 months and 21 days later · 295 days

  2. 30 November 2004Arbitration

    30 November 2004Arbitration

    Decision on the Stay of Enforcement of the Award dated 30 November 2004

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee continued the stay of enforcement of the Award of 9 February 2004 until it issued its decision on the application for annulment, without conditioning the stay on a guarantee.

    Supporting details

    1 authority · 9 participants
    Patrick H. Mitchell
    Representative
    Philip J. Botha Attorneys (For: Patrick H. Mitchell)
    Representative
    Shearman & Sterling (For: Patrick H. Mitchell)
    Democratic Republic of the Congo
    Representative
    Liedekerke, Wolters, Waelbroeck, Kirkpatrick (For: Democratic Republic of the Congo)
    Representative
    Tshibangu Kalala (For: Democratic Republic of the Congo)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Andrea Giardina

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty

    1 year, 11 months and 2 days later · 701 days

  3. 1 November 2006Arbitration

    1 November 2006Arbitration

    Decision on the Application for Annulment of the Award dated 1 November 2006

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

Matter record

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Patrick Mitchell v. Democratic Republic of the Congo (ICSID Case No. ARB/99/7) · Matter