Johannesburg – The International Chamber of Commerce (ICC) has dismissed the latest jurisdictional challenges presented by the Democratic Republic of Congo (DRC) concerning a claims dispute related to services rendered by Centurion Law Group (CLG).
This ICC decision is related to the ongoing arbitration involving the DRC and its anti-corruption agency, Agence de Prévention et de Lutte contre la Corruption (APLC).
The ruling marks a notable procedural victory for CLG.
The case emerged from CLG’s involvement in aiding the DRC to recover financial losses connected to Glencore’s corruption scandal, which has attracted global attention.
Despite utilizing CLG’s extensive efforts to hold Glencore accountable, the DRC and APLC have failed to meet their payment responsibilities as stipulated in the Engagement Letter signed in 2022.
In a surprising development, the DRC attempted to evade arbitration by arguing that it was not bound by the contractual agreement.
This jurisdictional challenge represents a blatant effort to evade accountability while undermining CLG’s essential role in fighting corruption and securing justice for the Congolese people.
The arbitral tribunal’s Procedural Order No. 2 has categorically rejected the DRC’s bifurcation request, asserting that dividing the case into jurisdictional and merits phases would merely prolong proceedings and unnecessarily increase costs.
The tribunal emphasized that justice would be best served through a cohesive and efficient process, enabling CLG to pursue its claims against both the DRC and APLC without obstruction.
CLG’s Historic Role in DRC’s Anti-Corruption Initiatives
CLG was initially engaged in 2022 under the auspices of the APLC to support the DRC government in investigations related to Glencore’s corrupt conduct, resulting in unprecedented global settlements exceeding USD 1.5 billion.
CLG’s expertise and steadfast advocacy have been pivotal in empowering the DRC to seek justice against one of the most substantial mining corporations globally.
However, despite CLG’s vital contributions, the DRC neglected its financial obligations, prompting CLG to initiate arbitration under the ICC framework.
This recent ruling affirms that the DRC cannot arbitrarily dismiss its commitments under international law.
As U.S. Attorney Damian Williams for the Southern District of New York stated: “The extent of this criminal bribery scheme is staggering. Glencore paid bribes to obtain oil contracts, evade government audits, and influence judges to dismiss lawsuits.
In essence, Glencore paid bribes to secure profits – hundreds of millions of dollars – with the consent and even encouragement of its senior executives.”
Glencore must be held accountable for its transgressions and should not profit at the expense of the DRC’s citizens.
A Monumental Commitment to Justice
This landmark case is now under the direct supervision of CLG’s international panel of arbitrators, drawn from its offices across Africa.
By deploying its skilled, multi-jurisdictional legal team, CLG highlights the generational significance it associates with this case and its unwavering commitment to seeking justice.
We acknowledge that this ruling serves as a strong statement: governments cannot manipulate procedural tactics to evade their responsibilities.
The decision represents a vital component in what we hope will be a decisive victory for our cause and a testament to our relentless pursuit of accountability, fairness, and justice.
This case transcends mere compensation; it represents the defense of the rule of law and establishes a precedent that no entity, regardless of its power, is exempt from fulfilling its obligations.
CLG’s decision to concentrate its elite African legal team on this matter underscores its unwavering focus and dedication to the cause.
With CLG’s resources and determination, this ruling positions the firm on a path toward achieving a significant and much-anticipated outcome.
Global Interest and Implications
This case is not only a milestone for CLG but also a critical juncture for global anti-corruption efforts.
It highlights the vital role legal professionals play in holding powerful entities accountable, illustrating that procedural tactics cannot obstruct the quest for justice.
As the case advances to the merits phase, CLG remains committed to securing a resolution that upholds justice, accountability, and the rule of law.
