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:

January 27, 2026 - The proceeding is resumed following payment of the required advance.

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 observations on the request to address the objections to jurisdiction as a preliminary question.
July 3, 2024	The Respondent files a memorial on objections to jurisdiction.
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.
November 27, 2024	The Tribunal issues Procedural Order No. 4 concerning post-hearing matters.
January 22, 2025	Each party files a post-hearing brief.
February 20, 2025	Each party files a statement of costs.
July 16, 2025	The Tribunal issues a decision on a bifurcated issue.
September 5, 2025	The Claimants file a request to address quantum in a separate phase of the proceeding pursuant to ICSID Arbitration Rule 42.
September 12, 2025	The Tribunal holds a case management conference with the parties by video conference.
September 30, 2025	The Tribunal issues Procedural Order No. 5 concerning the Claimants’ request to address quantum in a separate phase of the proceeding and procedural matters.
October 20, 2025	The proceeding is suspended for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).
January 27, 2026	The proceeding is resumed following payment of the required advance.