1. FG, a Delaware company, is the assignee of the benefit of 2 ICC arbitral awards dated 30 April 2003 made in favour of Energoinvest against the Democratic Republic of Congo (DRC). Inclusive of interest accruing on the principal amounts payable under each award, the sum claimed by FG from the DRC is over US$100 million.

2. On 15 May 2008 FG obtained an ex parte Order from Saw J. That Order gave FG leave to enforce the 2 awards as a judgment of the Hong Kong Court.

3. Saw J’s Order also enjoined the 2nd to 4th Defendants from paying US$104 million out of a sum of about US$221 million said to be payable by the 2nd to 4th Defendants (or some of them) to the DRC. The 5th Defendant was later added as a party by FG. The 2nd to 5th Defendants all belong to the China Railway Group.

4. It is FG’s case that the US$221 million constitutes monies payable to the DRC as “Entry Fees” under a Cooperation Agreement (CA) and a Joint Venture Agreement (JVA) between the DRC and the 2nd to 4th Defendants (among others). By obtaining Saw J’s Order, FG was seeking to enforce the 2 awards against the DRC by executing against part of the monies alleged to be due to the DRC as Entry Fees.