UPON a claim having been made by the Claimant by an arbitration claim form dated 16 June 2009 ("the Claim Form")
AND UPON READING the written evidence filed on behalf of the Claimant
IT IS ORDERED THAT:
1. Pursuant to section 101 of the Arbitration Act 1996, the Claimant be permitted to enforce against the Defendants in the same manner as a judgment or order to the same effect the award dated 3 December 2000 of the International Court of Arbitration of the International Chamber of Commerce in Case 9899/AC/DB COMMISIMPEX S.A. (Brazzaville) vs. REPUBLIC OF THE CONGO AND CAISSE CONGOLAISE D’AMORTISSEMENT ("the Award") for the monetary sums payable by the Defendants on a joint and several basis pursuant to the ruling in the Award.
2. Judgment be entered for the Claimant against the Defendants in the terms of the Award as follows:
(a) EURO 4,094,531;
(b) GBP 18,903,708;
(c) USD 31,184,837;
(d) CFA 1,731,267,415;
(e) Penalty interest as follows:
(i) EURO 8,300,622;
(ii) GBP 34,312,232;
(iii) USD 56,408,208;
(iv) CFA 2,899,457,582; and
(f) in respect of the Claimant’s arbitration costs: USD 393,333 and EURO 22,867.
3. The Claimant shall be permitted to serve the Claim Form out of the jurisdiction pursuant to CPR r. 6.36, CPR6 Practice Direction B, paragraph 3.1(10), and CPR r. 62.18(4).
4. The Defendants shall pay the costs of this arbitration claim to be assessed if not agreed.
PROVIDED THAT, within 25 days after service of this order on the Defendants, the Defendants may apply to set aside this order and the Award shall not be enforced until after the expiration of that period or, if the Defendants apply within that period to set aside the order, until after the application is finally disposed of.
The time for filing an acknowledgement of service or admission to the claim is 25 days after the expiry of 2 months from service of the Claim Form.1
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