In a decisive ruling by the International Chamber of Commerce, the arbitral tribunal has dismissed the Democratic Republic of Congo’s latest jurisdictional objections, marking a major procedural victory for Centurion Law Group in its ongoing arbitration against the DRC and its anti-corruption agency, Agence de Prévention et de Lutte contre la Corruption.
The case stems from CLG’s mandate to assist the DRC in recovering losses due to Glencore’s corruption scandal and has gained international prominence.
Despite benefiting from CLG’s extensive efforts to hold Glencore accountable, the DRC and APLC failed to honour their payment obligations under the Engagement Letter signed in 2022.
In a dramatic turn, the DRC attempted to distance itself from the arbitration, claiming the contractual agreement did not bind it. This jurisdictional objection was a blatant attempt to evade responsibility while undermining CLG’s contributions to fighting corruption and ensuring justice for the Congolese people.
The arbitral tribunal’s Procedural Order No. 2 has now definitively rejected the DRC’s request for bifurcation, ruling that splitting the case into jurisdictional and merits phases would only delay proceedings and unnecessarily increase costs, according to a recent statement by CLG.
The tribunal emphasised that justice would be best served through a single, efficient proceeding, allowing CLG to press its claims against the DRC and APLC without obstruction.
CLG was initially engaged in 2022 under the aegis of the APLC to assist the DRC government in investigations surrounding Glencore’s corruption practices, a matter that resulted in historic settlements exceeding $1.5 billion globally.
The statement said that CLG’s expertise and steadfast advocacy were instrumental in positioning the DRC to pursue justice against one of the world’s largest mining corporations.
Yet, despite CLG’s pivotal contributions, the DRC reneged on its financial obligations, prompting CLG to initiate arbitration under the ICC framework.
CLG noted that the ruling confirms that the DRC cannot unilaterally erase its commitments under international law.
As the U.S. Attorney Damian Williams for the Southern District of New York stated, “The scope of this criminal bribery scheme is staggering. Glencore paid bribes to secure oil contracts. Glencore paid bribes to avoid government audits.
“Glencore bribed judges to make lawsuits disappear. At bottom, Glencore paid bribes to make money – hundreds of millions of dollars. And it did so with the approval, and even encouragement, of its top executives.”
Glencore should pay for its crimes and not be rewarded at the expense of the people of the DRC.
This case is now being handled directly by CLG’s international team of arbitrators drawn from its offices across Africa.
By committing its own highly skilled, multi-jurisdictional legal team, CLG “underscores the generational importance it attributes to this matter and its ardent belief in achieving justice.”
It added that governments could not use procedural tactics to avoid their obligations, stressing that the case is not simply about compensation but about upholding the rule of law and setting a precedent that no entity, no matter how powerful, is above honouring its commitments.
The case is a milestone for CLG and serves as a watershed moment for global anti-corruption efforts. It highlights legal professionals’ critical role in holding powerful entities accountable while demonstrating that procedural tactics cannot derail justice.
As the case proceeds to the merits phase, CLG said it “remains committed to achieving a resolution that upholds fairness, accountability, and the rule of law.”