Peter Klein

First Paragraph

On May 16, 2008, FG Hemisphere Associates ("Hemisphere") initiated a suit in Hong Kong against the Democratic Republic of the Congo ("the DRC"). The second, third, and fourth defendants were companies incorporated in Hong Kong. The state-owned China Railway Company Limited, the fifth defendant, collectively owned those companies. Hemisphere sought an injunction to prevent these Chinese companies from paying concession fees to the DRC, who were in the midst of launching a large investment program in the DRC. As part of that program, they had to pay the DRC entry fees for mineral exploitation rights. As the holder of an award against the DRC, Hemisphere went after the entry fees in an "equitable execution of the arbitral awards."



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