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End of the arbitration proceedings at the ICC: Shaken by the position of COMINIERE SA, the company MMCS1 withdraws its main claims

It is a legal victory that the Congolese mining company (COMINIERE SA) has just won at the International Court of Arbitration of the International Chamber of Commerce (ICC) against the multinational MMCS1. Shaken by the convincing arguments of COMINIERE SA which clearly and black and white established before the judges the unfoundation of "these main claims as well as the weaknesses and inconsistencies of the interventions of the experts and witnesses cited by the plaintiff in this arbitration procedure", MMCS1 was forced to withdraw its main claims before the ICC .

Indeed, following the official withdrawal of the main claims of MMCS1 in the file opposing it to the Congolese mining company, the General Secretariat of the International Court of Arbitration of the International Chamber of Commerce (ICC) transmitted, by email of July 21, 2023, to all the litigants as well as to the Arbitral Tribunal, the letter confirming the end of the arbitration procedure registered under ICC nº 23225/GR/PAR between MMCS1 and COMINIERE SA (hereinafter referred to as the "procedure ”, pursuant to Article 37(6) of the ICC Rules.

For its part, the Arbitral Tribunal constituted to hear this procedure, by its email of July 28, 2023, formally acknowledged receipt of the email of July 21, 2023 and noted that the Procedure is deemed to have ended. By her email of July 31, 2023 addressed to the Arbitral Tribunal, the claimant in arbitration MMCS1 through her counsel, confirmed the end of the procedure following the withdrawal of her main claims pursuant to Article 37(6) of the CCl Rules and, moreover, thanked the Arbitral Tribunal for all the diligence carried out since the start of this arbitration, for the professionalism they have demonstrated in this case, but also for the flexibility and patience they have shown towards the parties throughout the proceedings.

The hearings of the pleadings having been closed and the hearing notes issued, COMINIERE SA's legal counsel also sent the note of the balance of his fees to the senior management of this para-public, as announced in his referenced letter of January 02, 2023 The withdrawal of the principal claims and consequently the end of the procedure, devote the end of its services relative to this Procedure.

At the time of going to press, MMCS1 refused and still refuses, in a deliberate manner, to pay the balance of the amount of the separate position, despite repeated reminders from the General Secretariat of the International Court of Arbitration of the ICC, to enable the Arbitral Tribunal to rule on the merits of its claims, confirms the terms of the latest report by Cabinet Emery Mukendi Wafwana et Associés, SCP, sent to COMINIERE SA following the hearings in January 2023. This last report stated the relevance and merits of its legal arguments developed on behalf of COMINIERE SA, which arguments had shaken the position of MMCS1,while establishing the non-foundation of its main claims as well as the weaknesses and inconsistencies of the interventions of the experts and witnesses cited by the plaintiff in this procedure.

It should be noted that by correspondence dated June 29, 2023, in accordance with Article 37(6), the Secretary General granted the Claimant a final deadline until July 17, 2023 to pay the balance of the amount of the provision separately and informed the claimant that in the absence of payment within the time allowed, the claims concerned would be considered withdrawn.

This period expired on July 17, 2023 without our having received this payment and without any party having raised an objection in accordance with Article 37(6). Consequently, in accordance with Article 37(6), the main requests are considered withdrawn as of July 18, 2023, without this precluding their subsequent reintroduction in another procedure. The Court was informed of the withdrawal of the claims and, at the same time, it was asked to fix the costs of the arbitration. So what is the consequence to be drawn from this withdrawal?

To date, according to a mining and quarrying agent who requested anonymity, the direct consequence of the withdrawal of MMCS1's requests or the end of the procedure is that COMINIERE SA does not incur any risk whatsoever arising from the procedure, this which can be analyzed as a success and/or result obtained for the benefit of the government corporation.

Dieudonne Buanali

Fin de la procédure arbitrale à la CCI : Ébranlée par la position de COMINIERE SA, la société MMCS1 retire ses demandes principales – Geopolismagazine

C’est une victoire judiciaire que vient de remporter la Congolaise d’exploitation minière (COMINIERE SA) à la Cour Internationale d’Arbitrage de la Chambre du Commerce International (CCl) face à la multinationale MMCS1. Ébranlée par les arguments convaincants de COMINIERE SA qui a établi...
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