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Miminco, LLC v. Democratic Republic of Congo

United States District Court, D. Columbia.

February 9, 2015

MIMINCO, LLC, et al., Petitioners,
v.
DEMOCRATIC REPUBLIC OF THE CONGO, Respondent

Page 214

For MIMINCO, LLC, JOHN DORMER TYSON, ILUNGA JEAN MUKENDI, Petitioners: John Jay Range, LEAD ATTORNEY, Thomas C. Goodhue, HUNTON & WILLIAMS, LLP, Washington, DC.

Page 215

Re Document No.: 1

MEMORANDUM & ORDER

RUDOLPH CONTRERAS, United States District Judge.

Granting in Part and Denying in Part Petition to Confirm ICSID Arbitration Award

Miminco, LLC, John Dormer Tyson, and Ilunga Jean Mukendi (" Petitioners" ) filed a petition in this Court to confirm an arbitral award rendered under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (" ICSID Convention" ). See generally Pet., ECF No. 1. The award obligates the Democratic Republic of the Congo (" Respondent" ) to pay Petitioners $13 million for the satisfaction of certain claims. See Miminco LLC v. Dem. Rep. Congo, ICSID Case No. ARB/03/14 (Nov. 19, 2007) (Ex. 1, ECF No. 1-1). In addition to the unpaid balance of the award, Petitioners seek post- and pre-judgment interest, attorneys' fees, and costs. See Pet. 9. After the Court ordered Petitioners to provide an update on their efforts to serve Respondent, Petitioners filed a Status Report contending that service was unnecessary. See Status Report, ECF No. 3. For the reasons that follow, the Court confirms the arbitral award and orders

Page 216

post-judgment interest to be paid at the statutory rate. The Court declines, however, to calculate the outstanding balance owed by Respondent or to award pre-judgment interest, attorneys' fees, or costs.

In 1965, the United States acceded to the ICSID Convention. See generally ICSID Convention, Mar. 18, 1965, 17 U.S.T. 1270, T.I.A.S. No. 6090. Article 54 of the ICSID Convention sets forth general procedures for recognizing and enforcing arbitral awards rendered under the Convention:

(1) Each Contracting State shall recognize an award rendered pursuant to this Convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal courts and may provide that such courts shall treat the award as if it were a final judgment of the courts of a constituent state.
(2) A party seeking recognition or enforcement in the territories of a Contracting State shall furnish to a competent court or other authority which such State shall have designated for this purpose a copy of the award certified by the Secretary-General. Each Contracting State shall notify the Secretary-General of the designation of the competent court or other authority for this purpose and of any subsequent change in such designation.
(3) Execution of the award shall be governed by the laws concerning the execution of judgments in force in the State in whose territories such execution is sought.

ICSID Convention, ch. IV, § 6, art. 54. To implement these mandates of the ICSID Convention, Congress passed legislation providing that federal district courts " shall have exclusive jurisdiction over actions and proceedings" to enforce ICSID awards. 22 U.S.C. § 1650a(b); see also Convention on the Settlement of Investment Disputes Act of 1966, Pub. L. No. 89-532, ยง 3, 80 Stat. ...


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