Case Details

Ngondo Mining SARL v. Democratic Republic of the Congo (ICSID Case No. ARB/25/3)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Law – Mining Code
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Ngondo Mining SARL (Congolese (D.R.))
Respondent(s):

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

January 13, 2025
Date of Constitution of Tribunal:

June 2, 2025

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by Co-Arbitrators
Arbitrators:

Eric A. SCHWARTZ (French, U.S.) - Appointed by the Claimant(s)
Yves NOUVEL (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Jones Day, Paris, France
Respondent(s):

Foley Hoag, Paris, France
Bennani & Associés, Kinshasa, Democratic Republic of the Congo
Kennedys Law, Paris, France
Akom Mining & Investment Consulting, Kinshasa, Democratic Republic of the Congo
André Kimamba et Associés, Kinshasa, Democratic Republic of the Congo
Language(s) of Proceeding:

French
Status of Proceeding:

Pending
Latest Development:

September 9, 2025 - The Tribunal issues Procedural Order No. 2 concerning provisional measures.

No References Available.

(a) Original Proceeding

Date	Development
January 14, 2025	The Secretary-General registers a request for the institution of arbitration proceedings.
April 5, 2025	Following appointment by the Claimant, Eric Schwartz (French/U.S) accepts his appointment as arbitrator.
April 22, 2025	The Claimant files a request for provisional measures.
April 22, 2025	Following appointment by the Respondent, Yves Nouvel (French), accepts his appointment as arbitrator.
May 7, 2025	The Respondent files observations on the Claimant’s request for provisional measures.
May 22, 2025	The Claimant files a response to the Respondent’s observations of May 7, 2025.
May 30, 2025	Following appointment by her co-arbitrators pursuant to the parties’ agreement, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
June 2, 2025	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by her co-arbitrators, pursuant to the parties’ agreement; Eric A. Schwartz (French/U.S.), appointed by Claimant; and Yves Nouvel (French) appointed by Respondent.
June 5, 2025	The Respondent files a response to the Claimant’s observations of May 7, 2025.
July 23, 2025	The Tribunal holds a first session by videoconference.
July 23, 2025	The Tribunal holds a hearing on provisional measures by videoconference.
July 28, 2025	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 9, 2025	The Tribunal issues Procedural Order No. 2 concerning provisional measures.