Eurofinsa v. Gabon

Case summary

At a glance

Parties: Eurofinsa, S.A. (Spain) v. the Gabonese Republic
Case no.: ICC Case No. 22899/DDA (C-22705/DDA); US District Court for the District of Columbia, Civil Action No. 23-3013 (RC)
Forum and rules: ICC arbitration; enforcement proceedings in the US District Court for the District of Columbia
Treaty: Contract (the documents describe the award as arising from Gabon's failure to fulfil its contractual obligations)
Court: US District Court for the District of Columbia, Judge Rudolph Contreras
Sector: Construction
Underlying award(s): Award 22899/DDA of 15 October 2020
Outcome: The Court granted Eurofinsa's motion under 28 U.S.C. § 1610(c). Eurofinsa may now seek attachment of, or execution against, Gabon's assets to satisfy the default judgment of 17 January 2025.
Amount: According to the Court, the Award ordered Gabon to pay Eurofinsa over 12 million euro plus interest. Gabon has not paid any part of it.

The dispute

Eurofinsa, a Spanish construction company, obtained an ICC arbitral award against its former client, the Gabonese Republic, on 15 October 2020. The award arose from Gabon's failure to fulfil its contractual obligations and ordered Gabon to pay over 12 million euro plus interest. Gabon did not pay. Eurofinsa brought an action in Washington, D.C. to recognise and enforce the award and obtained a default judgment on 17 January 2025. Gabon never appeared. The published documents concern Eurofinsa's later motion for permission to attach and execute against Gabon's assets under the Foreign Sovereign Immunities Act.

Key holdings

Gabon was properly notified of the default judgment under 28 U.S.C. § 1608(e). No special arrangement for service existed, and no treaty between the United States and Gabon provides for service in civil matters. Service by the third method of § 1608(a) was therefore available. The Clerk sent the documents by DHL to Gabon's Minister of Foreign Affairs on 14 February 2025, and Gabon signed for them on 24 February 2025. Memorandum Opinion, p. 4
A reasonable period of time has passed since the judgment, as § 1610(c) requires. More than four months have passed since the judgment, and three months since notice. Three months falls well within the periods courts have accepted as reasonable. Memorandum Opinion, p. 5
The Court's conclusion is reinforced because Gabon offered no evidence of any effort to pay the judgment and did not take part in the litigation. Memorandum Opinion, p. 6
A § 1610(c) order decides only two questions: whether the required notice was given and whether a reasonable time has passed. Eurofinsa did not need to describe the specific property it intends to attach. Memorandum Opinion, pp. 2–3
The motion is granted. Eurofinsa may seek attachment or execution under § 1610(a)–(b) to satisfy the Court's judgment. Order, p. 1

Procedural history

15 October 2020ICC Award 22899/DDA orders Gabon to pay Eurofinsa over 12 million euro plus interest.
11 October 2023Eurofinsa files a petition in the US District Court for the District of Columbia to recognise and enforce the award.
16 February 2024The Clerk of Court enters default against Gabon.
17 January 2025The Court grants default judgment for Eurofinsa.
24 February 2025Gabon receives and signs for the default judgment, which the Clerk sent by DHL on 14 February 2025.
11 June 2025Memorandum Opinion: the Court finds that the requirements of § 1610(c) are met.
11 June 2025Order granting the motion and authorising Eurofinsa to seek attachment and execution.