DailySun
Johannesburg – The International Chamber of Commerce (ICC) has dismissed the most recent jurisdictional objections raised by the Democratic Republic of Congo (DRC) in the ongoing claims dispute related to services rendered by Centurion Law Group (CLG).
This ICC decision pertains to the ongoing arbitration involving the DRC and its anti-corruption body, Agence de Prévention et de Lutte contre la Corruption (APLC).
CLG has achieved a significant procedural victory through this ruling.
The case emerged from CLG’s efforts to aid the DRC in recouping losses associated with Glencore’s corruption scandal, which has attracted considerable international scrutiny.
Despite reaping the benefits of CLG’s extensive work to hold Glencore accountable, the DRC and APLC have failed to meet their financial obligations as stipulated in the Engagement Letter signed in 2022.
In an unexpected move, the DRC attempted to avoid arbitration, claiming it was not bound by the contractual agreement.
This jurisdictional challenge appeared to be a blatant effort to evade accountability while undermining CLG’s crucial role in fighting corruption and delivering justice for the Congolese people.
The arbitral tribunal’s Procedural Order No. 2 has firmly rejected the DRC’s request for bifurcation, stating that separating the case into jurisdictional and merits phases would only prolong the process and unnecessarily inflate costs.
The tribunal emphasized that justice is best served through a streamlined, efficient procedure, enabling CLG to pursue its claims against the DRC and APLC without obstruction.
CLG’s Historic Role in DRC’s Anti-Corruption Campaign
CLG was initially engaged in 2022 under the sponsorship of the APLC to support the DRC government in investigations into Glencore’s corrupt operations, leading to historic global settlements exceeding USD 1.5 billion.
CLG’s expertise and unwavering commitment have been instrumental in empowering the DRC to seek justice against one of the world’s largest mining companies.
Nevertheless, despite CLG’s vital contributions, the DRC defaulted on its financial commitments, prompting CLG to initiate arbitration within the ICC framework.
Today’s ruling confirms that the DRC cannot arbitrarily dissociate itself from its obligations under international law.
As U.S. Attorney Damian Williams for the Southern District of New York remarked: “The scope of this criminal bribery scheme is staggering. Glencore paid bribes to secure oil contracts.
Glencore paid bribes to escape government audits. Glencore bribed judges to dismiss lawsuits.
Essentially, Glencore paid bribes to generate profit – hundreds of millions of dollars – with the support, and even encouragement, of its top executives.”
It is imperative that Glencore is held accountable for its actions and does not profit at the expense of the DRC’s citizens.
A Monumental Pledge to Justice
This landmark case is currently under the direct supervision of CLG’s international team of arbitrators, selected from its offices across Africa.
By deploying its skilled, multi-jurisdictional legal team, CLG underscores the generational importance it associates with this case and its steadfast commitment to achieving justice.
We acknowledge that this ruling serves as a robust affirmation: governments cannot exploit procedural maneuvers to evade their responsibilities.
The decision is a critical component in what we hope will be an emphatic victory for our cause and a testament to our relentless pursuit of accountability, equity, and justice.
This case transcends mere compensation; it stands as a defense of the rule of law and the establishment of a precedent that no entity, regardless of power, is above its commitments.
CLG’s decision to coordinate its elite African legal team in this matter highlights its unwavering focus and dedication to the cause.
With CLG’s resources and resolve, this ruling positions the firm on a path towards achieving a significant and long-awaited resolution.
Global Interest and Implications
This case represents not only a milestone for CLG but also a crucial juncture for global anti-corruption efforts.
It highlights the vital role that legal experts play in holding powerful entities accountable, proving that procedural tactics cannot obstruct the quest for justice.
As the case moves into the merits phase, CLG remains committed to securing a resolution that upholds fairness, accountability, and the rule of law.
