EX TEMPORE JUDGMENT

1 HIS HONOUR: The plaintiff moves for declaratory orders and judgment based on two final foreign arbitral awards of the International Court of Arbitration of the International Chamber of Commerce.

2 The plaintiff is a limited liability company organised under the laws of the State of Delaware in the United States of America.

3 The first defendant is the Democratic Republic of Congo, a sovereign nation-state on the African continent. The second defendant is a corporate enterprise organised under the laws of the first defendant and is wholly owned by it.

4 Both awards were made against the defendants jointly and severally in favour of Energoinvest DD a company based in Sarajevo, Bosnia and Herzegovina.

5 The evidence before the Court is by way of the affidavit of Peter James Grossman affirmed 29 April 2010 and documents exhibited thereto (including both awards). The evidence establishes that: