Case Details

Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud v. Democratic Republic of the Congo (ICSID Case No. ARB/10/4)

Proceeding Materials Procedural Details

  • Trading company
  • Services & Trade
  • Investment Law - Congo (2002)
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Antoine Abou Lahoud (Lebanese), Leila Bounafeh-Abou Lahoud (Lebanese)
    • Democratic Republic of the Congo (Congolese (D.R.))
    • March 4, 2010
    • July 27, 2010

      Composition of Tribunal

    • William W. PARK (Swiss, U.S.) - Appointed by the Parties
    • Karim HAFEZ (Egyptian) - Appointed by the Claimant(s)
      Marie-Andrée NGWE (French) - Appointed by the Respondent(s)

      Party Representatives

    • Derains & Gharavi, Paris, France
    • Emery Mukendi Wafwana & Associés, Kinshasa, Congo
    • French
    • Concluded
    • February 7, 2014 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • June 19, 2014 (Respondent(s))
    • July 18, 2014

      Party Representatives

    • Emery Mukendi Wafwana & Associés, Kinshasa, Democratic Republic of the Congo
    • Derains & Gharavi, Paris, France
    • French
    • Concluded
    • March 29, 2016 - The ad hoc Committee issues its decision on annulment.

(a) Annulment Proceeding

Published Decisions

Decision on the Continuation of the Stay of Enforcement of the Award

Decision on Annulment

Available on the ICSID Website

Decision on the Continuation of the Stay of Enforcement of the Award (September 30, 2014) French (Original)

Decision on Annulment (March 29, 2016) French (Original)

(a) Original Proceeding

Date Development
March 4, 2010 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 27, 2010 The Tribunal is constituted. Its members are: William W. Park (U.S./Swiss), President; Karim Hafez (Egyptian); and Marie-Andrée NGWE (French).
September 10, 2010 The Tribunal holds a first session by telephone conference.
September 20, 2010 The Tribunal issues a procedural order concerning the procedural calendar.
October 22, 2010 The Claimants file a memorial on the merits.
December 22, 2010 The Claimants file a request concerning the admissibility of the Respondent’s counter-memorial, including the Respondent’s objections to jurisdiction.
The Claimants further request the Tribunal to deal with the questions submitted to it and to render an award pursuant to ICSID Arbitration Rule 42.
The Tribunal invites the Respondent to file observations on the Claimants' requests.
December 23, 2010 The Respondent files a counter-memorial on the merits, including objections to jurisdiction.
December 23, 2010 The Respondent files its counter-memorial on the merits, including objections to jurisdiction.
The Respondent files observations on the Claimants’ requests of December 22, 2010.
The Claimants are invited to inform the Tribunal whether they wish to maintain their requests of December 22, 2010.
December 28, 2010 The Claimants file a submission in response to the Tribunal's invitation of December 23, 2010.
January 6, 2011 Following an invitation by the Tribunal, the Respondent files observations on the Claimants’ requests and submissions of December 22 and 28, 2010.
January 13, 2011 The Tribunal invites both parties to file any additional observations they may have on the Claimants’ requests and submissions of December 22 and 28, 2010, and on the Respondent’s responses of December 23, 2010 and January 6, 2011, including on ICSID Arbitration Rule 26.
January 17, 2011 The Claimants file observations on Article 26 of the ICSID Convention.
January 18, 2011 Following a request by the Respondent for an extension of time to file its additional observations, the Tribunal grants an extension of the time-limit to both parties for the filing of additional observations on ICSID Arbitration Rule 26.
January 21, 2011 The Claimants file observations on ICSID Arbitration Rule 26.
The Respondent files observations on Article 26 of the ICSID Convention, and on ICSID Arbitration Rule 26.
January 24, 2011 The Tribunal invites the Respondent to file further observations concerning ICSID Arbitration Rule 26.
The Tribunal further invites the Claimants to file a response to the Respondent’s further observations.
January 26, 2011 The Respondent files further observations on ICSID Arbitration Rule 26.
January 28, 2011 The Claimants file a response to the Respondent’s further observations on ICSID Arbitration Rule 26.
January 31, 2011 The Tribunal issues a procedural order concerning the Claimants' requests of December 22, 2010, and concerning the further procedure.
February 7, 2011 The Respondent files observations on the bifurcation of the proceedings.
February 10, 2011 The Claimant files observations on the bifurcation of the proceedings.
March 1, 2011 The Tribunal issues a procedural order concerning the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
March 22, 2011 The Tribunal issues a procedural order concerning the procedural calendar.
March 25, 2011 The Claimant files a counter-memorial on jurisdiction.
April 15, 2011 The Respondent files a reply on jurisdiction.
April 29, 2011 The Claimants file a rejoinder on jurisdiction.
May 25, 2011 The Tribunal issues a procedural order concerning the organization of the hearing on jurisdiction.
June 3, 2011 The Tribunal holds a hearing on jurisdiction by telephone conference.
August 5, 2011 The Respondent files a post-hearing brief.
August 20, 2011 The Claimants file a post-hearing brief.
September 15, 2011 The Respondent files a reply post-hearing brief.
September 22, 2011 The Claimants file a reply post-hearing brief.
February 16, 2012 The Tribunal issues a decision on jurisdiction.
April 3, 2012 The Tribunal issues a procedural order concerning the procedural calendar.
April 11, 2012 The Claimants file a request with the Tribunal, pursuant to Article 45 of the ICSID Convention and in accordance with ICSID Arbitration Rule 42, to deal with the questions submitted to it and to render an award.
April 17, 2012 Pursuant to ICSID Arbitration Rule 42(2), the Tribunal notifies the Respondent of the Claimants' request and grants the Respondent a period of grace to inform the Tribunal whether it intends to appear or present its case.
April 19, 2012 The Claimants file observations on the Tribunal's notification of April 17, 2012.
May 4, 2012 The Respondent files a response to the Tribunal's notification of April 17, 2012.
May 15, 2012 The Claimants file observations on the Respondent's response of May 4, 2012.
May 17, 2012 The Tribunal decides on the procedural calendar.
June 4, 2012 The Respondent files a memorial concerning jurisdictional issues joined to the merits.
June 5, 2012 The Respondent files a revised version of its memorial of June 4, 2012.
June 6, 2012 The Claimants file a request concerning the admissibility of the Respondent's memorial of June 5, 2012.
June 13, 2012 Following an invitation by the Tribunal, the Respondent files observations on the Claimants' request of June 6, 2012.
June 13, 2012 The Respondent files a request for the admissibility of new evidence.
June 18, 2012 The Tribunal decides on the Claimants' request of June 6, 2012.
June 19, 2012 Following an invitation by the Tribunal, the Claimants file observations on the Respondent's request of June 13, 2012.
June 19, 2012 The Respondent files a response to the Claimants' observations of June 19, 2012.
July 2, 2012 Following an invitation by the Tribunal, the Claimants file a reply to the Respondent's response of June 19, 2012.
August 6, 2012 The Claimants file a counter-memorial concerning jurisdictional issues joined to the merits.
September 27, 2012 - September 28, 2012 The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
December 28, 2012 The Respondent files new evidence.
January 7, 2013 The Claimants file observations on the admissibility of the new evidence filed by the Respondent on December 28, 2012.

Further to instructions issued during the hearing on jurisdiction and the merits on September 27 -28, 2012, the Tribunal requests the Respondent to produce documents.
January 25, 2013 The Tribunal renews its request of January 7, 2013.
January 28, 2013 The Respondent produces documents in response to the Tribunal’s requests of January 7 and 25, 2013.
February 20, 2013 The Tribunal issues a procedural order concerning the admissibility of the new evidence filed by the Respondent on December 28, 2012, and poses questions to the parties.
March 22, 2013 The Claimants file answers to the questions posed by the Tribunal on February 20, 2013.

The Respondent files answers to the questions posed by the Tribunal on February 20, 2013.

The Respondent files a request to file witness and expert evidence.
March 26, 2013 The Claimants file observations on the Respondent’s request of March 22, 2013.
April 2, 2013 The Respondent files a response to the Claimants’ observations of March 26, 2013.
April 16, 2013 The Tribunal issues a procedural order concerning the Respondent’s request of March 22, 2013.
April 22, 2013 The Claimants file observations on the Respondent’s answers of March 22, 2013.

The Tribunal poses further questions to the parties.
April 29, 2013 The Respondent files observations on the Claimant’s answers of March 22, 2013.
April 30, 2013 The Claimants file observations on the admissibility of the Respondent’s observations of April 29, 2013.
May 6, 2013 The Claimants file answers to the further questions posed by the Tribunal on April 22, 2013.

The Tribunal decides on the admissibility of the Respondent’s observations of April 29, 2013.
May 15, 2013 The Respondent files answers to the further questions posed by the Tribunal on April 22, 2013.
May 20, 2013 The Claimants file observations on the Respondent’s answers of May 15, 2013.
May 28, 2013 The Tribunal issues a procedural order concerning the production of documents and submissions on costs.
June 18, 2013 Each party files a statement of costs.
January 24, 2014 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 7, 2014 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
June 19, 2014 The Acting Secretary-General registers an application for annulment of the award filed by the Democratic Republic of the Congo, and notifies the parties of the provisional stay of enforcement of the award.
July 18, 2014 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Azzedine Kettani (Moroccan), President; Kaj Hobér (Swedish); and Rolf Knieper (German); all members appointed by the Chairman of the Administrative Council.
August 1, 2014 Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud file a request to terminate the stay of enforcement of the award.
August 23, 2014 The Democratic Republic of the Congo files observations on Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud’s request to terminate the stay of enforcement of the award.
September 5, 2014 Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud file a response to the Democratic Republic of the Congo's observations of August 23, 2014.
September 8, 2014 The ad hoc Committee holds a first session by telephone conference.
September 30, 2014 The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
October 23, 2014 The Democratic Republic of the Congo files a memorial on annulment.
December 4, 2014 The ad hoc Committee decides on the termination of the stay of enforcement of the award.
December 8, 2014 Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud file a counter-memorial on annulment.
January 8, 2015 The Democratic Republic of the Congo files a reply on annulment.
February 16, 2015 Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud file a rejoinder on annulment.
May 28, 2015 - May 29, 2015 The ad hoc Committee holds a hearing on annulment in Washington D.C.
July 1, 2015 Each party files a post-hearing brief.
March 29, 2016 The ad hoc Committee issues its decision on annulment.