Case Details

African Holding Company of America, Inc. and Société Africaine de Construction au Congo S.A.R.L. v. Democratic Republic of the Congo (ICSID Case No. ARB/05/21)

Proceeding Materials Procedural Details

  • Construction contracts
  • Construction
  • BIT Zaire - United States of America 1984
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Société Africaine de Construction au Congo S.A.R.L. (Congolese (D.R.)), African Holding Company of America, Inc. (U.S.)
    • Democratic Republic of the Congo (Congolese (D.R.))
    • October 27, 2005
    • May 4, 2006

      Composition of Tribunal

    • Francisco ORREGO VICUÑA (Chilean) - Appointed by the Chairman of the Administrative Council
    • Otto L.O. DE WITT WIJNEN (Dutch) - Appointed by the Claimant(s)
      Dominique GRISAY (Belgian) - Appointed by the Respondent(s)

      Initial Composition of Tribunal

    • Ahmed Sadek EL-KOSHERI (Egyptian)
    • Otto L.O. DE WITT WIJNEN (Dutch)
      Teresa GIOVANNINI (Swiss)
    • July 6, 2006: Dominique GRISAY (Belgian) appointed following the resignation of Teresa GIOVANNINI (Swiss)
      April 17, 2007: Francisco ORREGO VICUÑA (Chilean) appointed following the resignation of Ahmed Sadek EL-KOSHERI (Egyptian)

      Party Representatives

    • Debevoise & Plimpton, New York, NY, U.S.A., and Paris, France
      Law Office of David A. Saltman, Ponte Vedra, FL, U.S.A.
    • Cabinet Kikangala & Associés, Brussels, Belgium
      Ministre de la Justice et Garde des Sceaux, Kinshasa, Democratic Republic of the Congo
    • English,French
    • Concluded
    • July 29, 2008 - The Tribunal renders the award; attached to the award is a dissenting opinion by one of the arbitrators.

(a) Original Proceeding

Published Decisions

Award

Dissenting Opinion (Attached to the Award)

Available on the ICSID Website

Award (July 29, 2008) French (Original)

Dissenting Opinion (Attached to the Award) (July 29, 2008) French (Original)

(a) Original Proceeding

Date Development
October 27, 2005 The Secretary-General registers a request for institution of arbitration proceedings.
May 4, 2006 The Tribunal is constituted. Its members are: Ahmed S. El-Kosheri (Egyptian), President; Teresa Giovannini (Swiss); and Otto L.O. de Witt Wijnen (Dutch).
May 11, 2006 The proceeding is suspended following a proposal for the disqualification of one of the arbitrators.
May 17, 2006 Following the resignation of one of the arbitrators, which was consented to by the other members of the Tribunal, the Acting Secretary-General notifies the parties of a vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
July 6, 2006 The Tribunal is reconstituted. Its members are: Ahmed S. El-Kosheri (Egyptian), President; Otto L.O. de Witt Wijnen (Dutch); and Dominique Grisay (Belgian). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
October 18, 2006 The Claimants file a memorial on the merits.
December 22, 2006 The Respondent files a memorial on jurisdiction.
January 17, 2007 - January 23, 2007 The Tribunal issues successive procedural orders concerning procedural matters and the production of documents.
January 26, 2007 The Claimants file a counter-memorial on jurisdiction.
February 16, 2007 The Respondent files a reply on jurisdiction.
February 23, 2007 The Centre notifies the parties of a vacancy on the Tribunal following the resignation of one of the arbitrators and of the suspension of the proceeding pursuant to ICSID Arbitration Rule 10(2).
April 17, 2007 The Tribunal is reconstituted. Its members are: Francisco Orrego Vicuña (Chilean), President; Otto L.O. de Witt Wijnen (Dutch); and Dominique Grisay (Belgian). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
July 10, 2007 The Claimants file a rejoinder on jurisdiction.
October 2, 2007 - October 3, 2007 The Tribunal holds a hearing on jurisdiction in Paris.
July 29, 2008 The Tribunal renders the award; attached to the award is a dissenting opinion by one of the arbitrators.