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Additional creditors of the Republic of Congo fail to challenge enforcement of Commisimpex awards
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While parties can pursue their case, they should not prejudice the rights of others
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No ground to suspend the proceedings pending criminal investigations, as tribunal recalls that the RoC’s allegations of corruption are uncorroborated
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The state waited too long before filing for revision despite knowing of the allegations
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Alleged conflict of interest cannot be established on the basis of stretched links allegedly tying Mr. Derains to Iran, Hezbollah, and ultimately Commisimpex
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Allegations of corruption are based on hearsay
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Revision request should be lodged within a reasonable timeframe, after the party “reasonably suspect” the existence of the fraud
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Award can be revised or retracted in case of procedural fraud or corruption of one of the arbitrators, but tribunal needs to be convinced of allegations
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No ground to postpone evidentiary hearing for new counsels to accustom themselves with the case
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Request for security for costs is dismissed on grounds that it risks impairing the procedural calendar
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Revision tribunal declines to prevent the state from introducing arbitral documents in parallel court proceedings
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Background: RoC alleges corruption of chair of second ICC tribunal in adverse contract-based arbitrations
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Parties agree for tribunal to rule ex aequo et bono
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Upon investors’ demand, symbolic sums are awarded for lost profits
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On compensation, claimant limits its claims, and is awarded damages for “intangible loss”
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In Benvenuti & Bonfant v. Congo, tribunal awards moral damages to claimant
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Dispute exists even when state recognises that compensation is due
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Lis pendens exception dismissed as no identity of parties
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AGIP can claim for a third party since it stipulated for it in the Agreement
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State breached stabilisation clause through unilateral nationalisation of company
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Newly-socialist Congo-Brazzaville nationalised oil industry, but granted exception to the investor
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Admission allegedly made during settlement negotiations not binding
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Tribunal refuses to consider late Congo submission
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Provisional measures are granted but flouted
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