The International Chamber of Commerce (ICC), an arbitral tribunal, has ruled that a case filed against Kinshasa in a pay row with the law firm that helped it in the Glencore case will continue as filed, marking the first-round loss for the Congo in the proceedings.
Centurion Law Group (CLG), a South African law firm, is seeking compensation from the Democratic Republic of Congo for legal services offered after it helped Kinshasa win a $180 million settlement for the government in 2022.
Glencore, the world’s largest miner of cobalt, was found guilty of corruption in the DRC by the United States Department of Justice and Kinshasa’s National Financial Intelligence Unit, in investigations which CLG says it helped provide legal services.
In December 2022, Glencore agreed to pay the DRC government $180 million to cover “all present and future claims arising from any alleged acts of corruption by the Glencore Group in the DRC between 2007 and 2018,” according to the Swiss conglomerate.
The Congolese government, however, did not pay the CLG for its legal assistance during the investigations and lawsuit against Glencore, prompting the arbitration case which it filed in August last year. The ICC is based in Paris, France.
Kinshasa had sought to have the ICC split the case into two – one arguing whether the ICC has the authority to hear the case, and another arguing the merits of CLG’s case against it.
The tribunal has, however, ruled that splitting the case will “only delay proceedings and unnecessarily increase costs,” allowing the CLG claims against DRC to continue unabated.“Today’s ruling confirms that the DRC cannot unilaterally erase its commitments under international law,” CLG said in a statement following the ruling on Thursday.“The decision is not just a vital piece of what we hope could be a resounding victory for us but a validation of our unwavering fight for accountability, fairness, and justice.”It is not yet clear how much of the $180 million settlement CLG is asking for as compensation, but the firm has made it clear its case against the Congolese government is not just about compensation, but is meant to send a message.“This case is not simply about compensation, it is about upholding the rule of law and setting a precedent that no entity, no matter how powerful, is above honouring its commitments,” it said.
The case against Glencore was a landmark one, and resulted in over $1.5 billion in settlements to DRC, the US, the UK, Nigeria, and Brazil, after finally admitting to paying over $100 million in bribes to government officials in Congo between 2007 and 2018.
To date, Glencore exercises significant control over DRC’s cobalt mines and remains the world’s top miner of the mineral critical in the green revolution for its essence in the making of electric vehicle batteries and other electronics.
DRC is the world’s largest producer of cobalt and copper, but the mining operations in the country have not benefited the locals much, and many pundits have blamed that on exploitation by foreign mining companies in the country.
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