Transport and Logistic Consulting SA v Schlumberger Seaco Inc – QBD (Com Ct) (HH Judge Chambers QC sitting as a Judge of the Queen’s Bench Division) – 27 January 2009
Contract – Marine agents – Agreement to provide marine agency services to defendants at Luba free port in Equatorial Guinea – Agents making payment to customs authority for alleged customs infraction by defendants – Prime Minister of Equatorial Guinea asserting that payment was a bribe and imposing additional fine on agents – Agents seeking reimbursement from defendants – Whether payment to customs authority was a bribe
In 2004 the claimants agreed to provide marine agency services to a company in the defendants’ group (“Galaxie”) in connection with operations centred upon Luba Free Port in Equatorial Guinea. The Customs Administration of the Republic of Equatorial Guinea (“the Customs Administration”) was closely interested in the activities of Luba Free Port in order to ensure that there was no abuse of the privileges conferred by its status as a free port. Breaches of the regulatory requirements were punished by the levying of administrative fines by the Customs Administration. So far as the present case was concerned, such fines were normally administered by the Luba office of the Customs Administration (“the Luba customs administration”).
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Michael Daiches, Barrister
Feb 18 2009

