Re: DIG Oil (DIG)versus the DRC
This issue is not so different from the DRC's breach of the Dathcom Agreement, lack of due process, failure to follow the mining code, corruptly employing friendly judiciary the prosecute AVZ, making and presenting forged documents, and arbitrary expropriation (without compensation) of AVZ's interests in Manono.
For those interested, here's the timeline of the key events in DIG's ICC arbitration with the DRC government, commencing in 2007 with DIG’s agreement with the DRC government:
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This issue is not so different from the DRC's breach of the Dathcom Agreement, lack of due process, failure to follow the mining code, corruptly employing friendly judiciary the prosecute AVZ, making and presenting forged documents, and arbitrary expropriation (without compensation) of AVZ's interests in Manono.
For those interested, here's the timeline of the key events in DIG's ICC arbitration with the DRC government, commencing in 2007 with DIG’s agreement with the DRC government:
- 2007 (Dec): DIG signs a Production Sharing Agreement (PSA) with DRC for exploratory blocks in the DRC,
- 2008 (Jan): DIG signs another PSA with DRC,
- 2010: DRC awards a production sharing agreement to another company, violating the 2008 contract with DIG,
- 2016 (Oct): DIG initiates arbitration proceedings against DRC,
- 2018 (Nov): The International Chamber of Commerce arbitration tribunal rules in favor of DIG, awarding $619 million in damages,
- 2019 (Apr): DRC appeals the arbitral award to the Paris Court of Appeal,
- 2020 (Jan): The Paris Court of Appeal dismisses DRC's appeal, upholding the arbitration award,
- 2020 (Apr): DIG initiates proceedings in the U.S. District Court for the District of Columbia to confirm the arbitral award,
- 2021 (Apr): DRC offers to settle for approx $300 million in cash and new oil and mining permits, which it subsequently reneged on,
- 2021 (Sept): The U.S. District Court enters a default judgment against DRC, confirming the arbitral award. The DRC did not bother to contest or even send a representative,
- 2024 (Dec): Reports emerge of a secret $150 million deal between DRC and DIG.
Anyone taking bets on whether the DRC will renege on this too. After-all, it's in their DNA and they've got form.
District court enters default judgment against a foreign sovereign thereby confirming the arbitral award against them
The court considered that none of the grounds for refusing the confirmation and enforcement of an arbitral award under Article V(2) of the New York Convention applied. It then confirmed the arbitral award and entered a corresponding judgment against against a foreign sovereign.www.globalarbitrationnews.com
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