Archipel Achieves Key Enforcement Win in €1.7 Billion Arbitration Dispute !
Paris
2 July 2025
We are proud to share a significant win for our client Commisimpex, in its long-running battle to enforce a €1.7 billion arbitral award against the Republic of the Congo.
On 12 June 2025, the French Court of Cassation upheld a key enforcement decision allowing the seizure of a Congolese property in Paris — allegedly housing the private residence of its UNESCO ambassador — while reaffirming the immunity of another used for payroll purposes.
Archipel represented Commisimpex before the French courts, alongside Jérôme Ortscheidt. This decision caps years of complex and high-stakes enforcement litigation, resisting repeated attempts by the Republic of the Congo to delay or obstruct justice.
Our client welcomed this outcome, which confirms a clear principle: diplomatic immunity applies only to premises genuinely used for diplomatic purposes. The court found that Congo’s efforts to shield assets from enforcement — including retroactively claiming diplomatic use — were rightly scrutinized and ultimately rejected.
Why this matters:
-The Court reinforced that procedural tactics cannot override international legal obligations.
-It clarifies how presumptions of diplomatic use can be rebutted by credible evidence.
-It highlights the importance of judicial independence and transparency in enforcement proceedings.
As our partner Jacques-Alexandre Genet stated: “The French courts have once again upheld the rule of law by rejecting the Republic of Congo’s latest attempt to evade enforcement of final and binding arbitral awards.”
We are honoured to have played a leading role in this major step forward for the enforcement of international arbitration awards in France. Congratulations to our team: Jacques-Alexandre Genet, Emmanuel Kaspereit, Michael Schlesinger, and Déborah Bur.
For more details, see the GAR article: here and the Court of Cassation's decision: here
Archipel represented Commisimpex before the French courts, alongside Jérôme Ortscheidt. This decision caps years of complex and high-stakes enforcement litigation, resisting repeated attempts by the Republic of the Congo to delay or obstruct justice.
Our client welcomed this outcome, which confirms a clear principle: diplomatic immunity applies only to premises genuinely used for diplomatic purposes. The court found that Congo’s efforts to shield assets from enforcement — including retroactively claiming diplomatic use — were rightly scrutinized and ultimately rejected.
Why this matters:
-The Court reinforced that procedural tactics cannot override international legal obligations.
-It clarifies how presumptions of diplomatic use can be rebutted by credible evidence.
-It highlights the importance of judicial independence and transparency in enforcement proceedings.
As our partner Jacques-Alexandre Genet stated: “The French courts have once again upheld the rule of law by rejecting the Republic of Congo’s latest attempt to evade enforcement of final and binding arbitral awards.”
We are honoured to have played a leading role in this major step forward for the enforcement of international arbitration awards in France. Congratulations to our team: Jacques-Alexandre Genet, Emmanuel Kaspereit, Michael Schlesinger, and Déborah Bur.
For more details, see the GAR article: here and the Court of Cassation's decision: here
