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Sundance Resources Limited and Congo Iron SA v. Republic of Congo, ICC Case No. 26145/DDA/AZO (C-26344/AZO)

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Short Name:

Sundance and Congo Iron v. Congo

Case Type:
International Commercial Arbitration (State–Private)
Applicable Procedural Rules:
ICC, ICC Arbitration Rules (2021)
Seat of Arbitration:
Applicable Treaty:
Applicable Legal Instruments:
Economic Sector:
Mining and Quarrying, Including Hydrocarbons (oil and Gas)

Available documents

16 Dec 2020
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Clifford Chance, Congo, Cameroon
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

Procedural Posture

This document is a public market announcement issued by Sundance Resources Limited on 16 December 2020, detailing the formal service of Notices of Dispute against the Republic of Congo and the Republic of Cameroon. The notices trigger the mandatory 60-day negotiation periods under the respective investment agreements, serving as a precursor to international arbitration proceedings before the International Chamber of Commerce (ICC).

Factual and Legal Basis of the Disputes

The dispute with the Republic of Congo arises from a November 2020 presidential decree purporting to withdraw the mining permit held by Sundance’s subsidiary, Congo Iron. The claimant asserts that this withdrawal constitutes an unlawful expropriation and a grave violation of due process, breaching the 2014 Mining Convention. The prospective ICC arbitration against Congo would be seated in London.

Concurrently, the dispute with the Republic of Cameroon concerns the State's failure to issue an implementing decree to perfect an exploitation permit deemed granted to Sundance’s subsidiary, Cam Iron, in 2009. The claimant alleges this omission breaches the 2015 Transition Agreement. The prospective ICC arbitration against Cameroon would be seated in Paris.

Strategic and Operative Developments

Sundance has retained Clifford Chance as international dispute resolution counsel and is actively seeking third-party litigation funding to finance the anticipated arbitrations. Furthermore, as a direct consequence of the expropriation of its core assets, the company announced its impending delisting from the Australian Securities Exchange (ASX) and ongoing restructuring negotiations with noteholders.
20 Dec 2020
Notice of Dispute
Document Details:
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
This summary note is machine-generated. Always consult the original materials.

Produce a well-written, professionally drafted, highly sophisticated summary of the document such that all the key issues are covered. Maximum words: 300 words. Use legal writing tone and format. DO NOT use bullet points.
25 Mar 2021
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Congo
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

This document is a public announcement issued by Sundance Resources Limited on March 25, 2021, declaring the formal commencement of international arbitration proceedings against the Republic of Congo. The dispute has been referred to the International Chamber of Commerce (ICC), with the seat of arbitration designated as London.

The principal legal issue underlying the dispute concerns the alleged unlawful expropriation of a mining permit held by the claimant's subsidiary, Congo Iron SA, for the Nabeba iron ore project in the Sangha region. The claimant asserts that the underlying Mining Convention remains legally binding and in full force under Congolese law. Furthermore, the announcement outlines the claimant's position regarding the respondent State's subsequent actions, specifically challenging the legitimacy, transparency, and technical feasibility of agreements executed between the Republic of Congo and a third-party entity, Sangha Mining Development SASU, for the exploitation of the expropriated tenements.

The claimant maintains that the respondent State failed to engage in meaningful negotiations during an agreed 30-day extension period. Consequently, the claimant initiated formal arbitral proceedings to protect its investments, enforce its contractual rights, and seek appropriate relief for the alleged expropriatory measures.
3 May 2021
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Burford Asia Investments, Burford Capital, Clifford Chance, Cameroon, Congo
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

This document is a public announcement issued by Sundance Resources Ltd on 3 May 2021, confirming that it has secured third-party litigation funding to pursue international arbitration proceedings against the Republic of Congo and, potentially, Cameroon.

The announcement details that the claimant has executed a binding Capital Provision Agreement with Burford Asia Investments, an affiliate of Burford Capital. Under the terms of this agreement, the funder will provide non-recourse financing to cover the legal fees and associated costs of the arbitration. The specific commercial terms of the funding arrangement remain confidential.

The underlying dispute involves active arbitration proceedings seated in London under the rules of the International Chamber of Commerce (ICC). Within these proceedings, the claimant's subsidiary, Congo Iron SA, is asserting claims for damages amounting to USD 8.76 billion, alongside other relief, against Congo. The document further notes that the claimant is represented in the arbitration by the international law firm Clifford Chance.
24 Nov 2021
Decision on Challenge to Arbitrator Charles Poncet
Document Details:
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
This summary note is machine-generated. Always consult the original materials.

Produce a well-written, professionally drafted, highly sophisticated summary of the document such that all the key issues are covered. Maximum words: 300 words. Use legal writing tone and format. DO NOT use bullet points.
21 Jul 2022
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Congo, Cameroon
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Background

This document is a public market update issued by Sundance Resources Ltd on 21 July 2022, detailing the procedural status of its parallel international arbitration proceedings against the Republic of Congo and the Republic of Cameroon, as well as domestic pre-action discovery proceedings in the Supreme Court of Western Australia against AustSino Resources Group Ltd.

Arbitration Against the Republic of Congo

In the International Chamber of Commerce (ICC) arbitration against Congo, the claimant filed its Memorial of Claim on 27 May 2022. The dispute arises from the alleged unlawful expropriation of the Nabeba iron ore exploitation permit in November 2020. The Memorial encompasses the factual background, legal bases for claims under the Nabeba Convention, witness statements, and independent expert reports estimating damages between USD 1.5 billion and USD 5.7 billion. Congo is directed to submit its Counter-Memorial by November 2022, with the primary evidentiary hearing anticipated in the first quarter of 2024.

Arbitration Against the Republic of Cameroon

In the parallel ICC arbitration against Cameroon, seated in Paris, the dispute centers on Cameroon’s alleged failure to implement the Mbalam Exploitation Permit pursuant to the 2015 Transition Agreement. The update confirms that on 20 July 2022, the Emergency Arbitrator dismissed Cameroon’s request to annul a prior interim order dated 1 April 2022. The operative interim order remains in force, strictly enjoining Cameroon and its instrumentalities from granting exploitation rights over the Mbalam iron ore deposit to any third party, including Sonamines, pending the constitution of the arbitral tribunal.
15 Apr 2023
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Congo, Cameroon
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Background

This document is a public corporate update issued by Sundance Resources Ltd on 15 April 2023, detailing the procedural status of its concurrent International Chamber of Commerce (ICC) arbitrations against the Republic of Congo and the Republic of Cameroon, alongside related domestic pre-action discovery proceedings in the Supreme Court of Western Australia against AustSino Resources Group Ltd.

ICC Arbitration Against the Republic of Congo

In the arbitration against Congo, arising from the alleged unlawful expropriation of the Nabeba iron ore tenement, the Claimant filed its Memorial of Claim in May 2022. The Claimant seeks damages ranging from USD 1.5 billion to USD 5.7 billion, supported by independent expert valuation reports. The Respondent State has submitted its Reply, and the parties are presently engaged in the document production phase, with the primary evidentiary hearing scheduled for the first quarter of 2024.

ICC Arbitration Against the Republic of Cameroon

In the parallel ICC proceedings against Cameroon concerning the Mbalam exploitation permit, an Emergency Arbitrator issued an interim binding order on 1 April 2022, enjoining the Respondent State from granting the permit to any third party. The Emergency Arbitrator subsequently dismissed Cameroon’s request to annul the interim order on 20 July 2022, finding it without merit. Despite these provisional measures, Cameroon reportedly issued a Presidential decree granting the permit to a third-party entity. The Claimant filed its Memorial of Claim in December 2022, seeking up to USD 5.5 billion in damages. The arbitral proceedings have been temporarily stayed following the sudden death of Cameroon’s Minister of Mines in January 2023.

Domestic Proceedings in Western Australia

The update further notes ongoing pre-action discovery proceedings before the Supreme Court of Western Australia. The Court previously granted discovery orders against AustSino and its Executive Chairman to investigate potential causes of action, including the alleged misuse of confidential information and breach of fiduciary obligations. Compliance with these orders remains contested due to the reported loss of the respondent individual's mobile device.
1 Jul 2024
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Congo
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

This document is a public statement issued by Sundance Resources Ltd announcing the execution of a binding, conditional, and confidential settlement agreement with the Republic of Congo and Congo Iron SA. The settlement is intended to resolve the ongoing dispute between the parties currently pending before the International Chamber of Commerce (ICC) International Court of Arbitration.

Pursuant to the terms of the conditional settlement, the termination of the ICC arbitral proceedings is contingent upon the full disbursement of agreed settlement funds by the Republic of Congo. The parties anticipate that the conditions of the settlement will be satisfied no later than the end of September 2024. Should the respondent State fail to remit the full quantum of the agreed funds in due course, the conditional settlement will lapse, and the ICC arbitration will proceed without interruption. In such an event, the merits hearing is scheduled to convene in Paris in mid-November 2024.

The specific quantum of the settlement remains subject to strict confidentiality obligations. The claimant has indicated that any proceeds realized from the settlement will be allocated toward satisfying existing obligations to its third-party litigation funder and secured noteholders, with the remainder intended to return value to its shareholders.
3 Jul 2024
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Congo
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

This document is a joint public announcement issued on 3 July 2024 by Sundance Resources Limited, Congo Iron SA, and the Republic of Congo, confirming the successful conclusion of mediation proceedings between the parties.

The announcement formally records that the parties have executed a conditional, binding, and confidential settlement agreement. The stated purpose of this agreement is to comprehensively resolve and terminate the ongoing dispute, as well as any future claims, brought before the International Chamber of Commerce (ICC) International Court of Arbitration or any other judicial forum concerning the Nabeba Iron Ore Project.

The document serves as a procedural update to the market and stakeholders, clarifying that the settlement is intended to effectuate a full and final resolution of the sovereign-investor dispute pending the satisfaction of the underlying settlement conditions.
30 Sep 2024
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Congo
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

This document is a public market update issued by Sundance Resources Ltd on 30 September 2024, detailing the procedural status of its ongoing arbitration proceedings against the Republic of Congo before the International Chamber of Commerce (ICC).

The update addresses the conditional settlement agreement executed on 1 July 2024 between Sundance, Congo Iron SA, and the Republic of Congo. The settlement was intended to resolve the dispute pending before the ICC, contingent upon the receipt of specified settlement funds by the end of September 2024. The document notes that the required funds have not yet been disbursed by the Respondent State.

Following consultations between the parties, the deadline for the conditional settlement has been extended to 31 October 2024, based on demonstrated progress by the Respondent in securing the necessary funds. The update confirms the procedural implications of this extension: should the funds be disbursed in full by the revised deadline, the ICC arbitration will be formally terminated. Conversely, if the Respondent fails to remit the agreed quantum, the arbitration will proceed without interruption, with the merits hearing scheduled to commence on 12 November 2024. The document further notes that any proceeds recovered will be allocated to satisfy obligations to the Claimant's litigation funder and secured noteholders.
3 Sep 2025
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Cameroon, Congo
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

This document is a corporate press release issued by the claimant, providing a procedural update on two parallel international arbitration proceedings administered by the International Chamber of Commerce (ICC) against the Republic of Cameroon and the Republic of Congo.

The update confirms the conclusion of the evidentiary hearings and the completion of all post-hearing submissions before the respective arbitral tribunals. Furthermore, the document outlines the anticipated procedural timeline for the issuance of the final arbitral awards. According to communications from the ICC, the tribunal's decision in the proceedings against the Republic of Congo is not expected prior to 28 November 2025, while the award in the proceedings against the Republic of Cameroon is not expected before 31 December 2025.
1 Dec 2025
Award
Document Details:
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
This summary note is machine-generated. Always consult the original materials.

Produce a well-written, professionally drafted, highly sophisticated summary of the document such that all the key issues are covered. Maximum words: 300 words. Use legal writing tone and format. DO NOT use bullet points.
27 Jan 2026
Claimant's Press Release
Document Details:
PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Siddharth Dhar
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Sundance Resources Limited, Congo Iron SA, Burford Capital, Clifford Chance, Essex Court Chambers, Congo, Cameroon
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Background

This document is a public market update issued by Sundance Resources Ltd, announcing the final disposition of its International Chamber of Commerce (ICC) arbitration against the Republic of Congo. The dispute centered on the sovereign revocation of an exploitation permit held by the claimant’s subsidiary, Congo Iron. The claimant additionally provides a brief status update regarding a separate, pending ICC arbitration against the Republic of Cameroon.

Tribunal's Findings and Disposition

The ICC tribunal dismissed all claims brought by Sundance and Congo Iron. In its merits determination, the tribunal concluded that the Republic of Congo possessed a legitimate legal basis for revoking the exploitation permit, specifically citing the claimant's failure to develop the underlying mining project during the 2016–2018 period.

Subsequent Set-Aside Proceedings

In response to the adverse award, the claimant, supported by its litigation funder, has initiated set-aside proceedings before the High Court of Justice, Commercial Court in London. The claimant asserts that the award is vitiated by serious irregularities pursuant to Section 68 of the English Arbitration Act 1996. Specifically, the claimant alleges that the tribunal committed fundamental errors regarding the mechanics of the iron ore market and improperly grounded its conclusions on issues extraneous to the parties' formal submissions, thereby denying the claimant a fair opportunity to present its case.