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27 November 20232 minute read

DLA Piper secures confirmation of arbitration award against Republic of Equatorial Guinea

DLA Piper’s international arbitration and litigation teams secured confirmation of an arbitration award against the Republic of Equatorial Guinea on behalf of Marseille-Kliniken AG.

The underlying arbitration arose from Equatorial Guinea’s breach of an agreement between Marseille-Kliniken AG and the Republic of Equatorial Guinea pursuant to which Marseille-Kliniken AG was to manage the Polyclinic La Paz, the principal referral hospital in Equatorial Guinea. 

On December 8, 2020, DLA Piper filed the Petition to Confirm the International Arbitration Award in the US District Court for the District of Columbia. The Republic of Equatorial Guinea vigorously opposed confirmation of the award, arguing principally that the arbitration agreement only contemplated arbitration after the parties had already litigated in the courts of Equatorial Guinea.

On November 17, 2023, the District Court, in its Memorandum Opinion and Order, rejected Equatorial Guinea’s argument, concluding that the issue had already been raised before the arbitral tribunal and that this decision should be given “considerable deference.” As a consequence, the Court confirmed the award, which calculated as of the filing of the petition in December 2020, amounted to an approximate total of US$ 9,315,309, not including interest.

“Our client, Marseille-Kliniken AG, is pleased with the Court’s order confirming the arbitration award against the Republic of Equatorial Guinea. Marseille-Kliniken AG intends to pursue its claims promptly to satisfy the final judgment, which we anticipate that the Court will enter very soon, so that it can be made whole,” said Harout J. Samra, DLA Piper of counsel and member of the team that advised Marseille-Kliniken AG.

The DLA Piper team included partner Mary Gately (Washington, DC), and of counsels Paul Schmitt (Washington, DC), and Harout J. Samra (Miami).