Insights

Seizure of Aircraft Ordered by the Malian Government in Canada, Leading to Settlement
Challenge :
After Mali’s civil war, a European company secured an EU-funded contract to restore key roads but faced a $34 million unpaid arbitral award when Mali refused compliance. Enforcement required tracking Malian government assets across multiple countries and addressing defenses like sovereign immunity and asset ownership claims.
Solution :
The TPF funder i) Traced and enforced assets in Belgium, France, Uganda, the Netherlands, the U.S., the U.K., and Canada, ii) Seized an aircraft in a Canadian hangar, successfully defending against legal objections, iii) Secured a fully satisfactory settlement through coordinated legal actions across jurisdictions.

Minimizing Losses in an Uncertain Case with TPF Support
Challenge :
A Belgian company completed an infrastructure project for the DRC in the 1990s but was never paid. The claim was later acquired by an U.S. Company (after several more transfers), which argued that the DRC’s non-payment violated the U.S.-Congo BIT. The case faced uncertainties due to the lost contract documents, civil war, and multiple claim transfers.
Solution :
The TPF funder financed over three years of arbitration at ICSID. The arbitration ended as a loss for the company. However, the funder covered all legal costs, including those of the opposing party after losing the case. Therefore, the company suffered no losses related to the costs of arbitration.