Case Details

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

Subject of Dispute:

Banking and financial services
Economic Sector:

Finance
Instrument(s) Invoked:

Investment Law - Congo (2002)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Afriland First Group SA (Swiss), Afriland First Bank SA (Cameroonian), Joseph Toubi (Cameroonian), Paul Kammogne Fokam (Cameroonian)
Respondent(s):

Democratic Republic of the Congo (Congolese (D.R.))
Date Registered:

August 28, 2023
Date of Constitution of Tribunal:

January 26, 2024

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
Alexis MOURRE (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, Washington DC & New York, U.S.A.
Respondent(s):

Hogan Lovells, New York, NY, Houston, TX and Miami, FL, U.S.A.
Language(s) of Proceeding:

English,French
Status of Proceeding:

Pending
Latest Development:

November 19, 2024 - November 20, 2024 - The Tribunal holds a hearing on jurisdiction by videoconference.

No References Available.

(a) Original Proceeding

Date	Development
August 28, 2023	The Secretary-General registers a request for the institution of arbitration proceedings.
November 8, 2023	Following appointment by the Claimants, Henri C. Alvarez (Canadian) accepts his appointment as arbitrator.
November 8, 2023	Following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator.
January 26, 2024	Following appointment by agreement of the parties, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
January 26, 2024	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by agreement of the parties; Henri C. Alvarez (Canadian), appointed by the Claimants; and Alexis Mourre (French), appointed by the Respondent.
March 27, 2024	The Tribunal holds a first session by video conference.
April 11, 2024	The Tribunal issues Procedural Order No. 1 concerning procedural matters and Procedural Order No. 2 concerning confidentiality.
May 9, 2024	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
July 3, 2024	The Respondent files a memorial on objections to jurisdiction.
July 3, 2024	The Respondent files observations on the request to address the objections to jurisdiction as a preliminary question.
August 14, 2024	The Claimants file a counter-memorial on jurisdiction.
August 29, 2024	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
September 18, 2024	The Respondent files a reply on jurisdiction.
October 25, 2024	The Claimants file a rejoinder on jurisdiction.
November 7, 2024	The Tribunal issues Procedural Order No. 3 on the organization of the hearing on jurisdiction.
November 19, 2024 - November 20, 2024	The Tribunal holds a hearing on jurisdiction by videoconference.