CONGO BRAZZAVILLE Law and Practice Contributed by: Claudy Monja and Sarah Razafindrafito, John W Ffooks & Co
2.5.5 Assignment of Insurance/Reinsurance Assignments of insurances/reinsurances are permit - ted. 2.6 Lease Enforcement 2.6.1 Restrictions on Lessors’ Abilities The authors are not aware of any restrictions on a lessor’s liability to: • terminate an aircraft lease; • re-export the aircraft; or • sell the aircraft following such termination. 2.6.2 Lessor Taking Possession of the Aircraft The authors understand that the consent of the lessee or a court order would be required to take physical possession of the aircraft. 2.6.3 Specific Courts for Aviation Disputes There are no specific courts for aviation disputes in the Republic of Congo. The general courts are com - petent to decide aviation disputes. The authors are not aware of historic examples of cas - es where specific courts have adjudicated on aviation disputes. 2.6.4 Summary Judgment or Other Relief A lessor may obtain a summary judgment or equita - ble or other injunctive relief pending final resolution of judicial proceedings to enforce an aircraft lease. The estimated period to obtain such a court order could be immediate or up to 30 days, depending on the specific injunctive relief requested to the court. The court order may be subject to appeal within 15 days from the date of issuance. 2.6.5 Domestic Courts’ Approach to Foreign Laws and Judgments The domestic courts can uphold: • a foreign law as the governing law of an aircraft lease; • submission to a foreign jurisdiction; and • a waiver of immunity by the parties of such lease.
2.6.6 Domestic Courts’ Recognition of Foreign Judgments/Awards In order for a foreign judgment (either a foreign court judgment or an arbitral award) to be enforceable in the Republic of Congo, an exequatur order will need to be issued by the domestic court. The domestic court will not reassess the merit of the case; that is, there is no re-examination of the matter. 2.6.7 Judgments in Foreign Currencies The law is silent on whether a lessor under an aircraft lease can obtain a judgment in a foreign currency. Generally, Congolese courts pronounce judgment in local currency. However, a judgment is left at the discretion of the judge and the authors understand that the equivalent amount in foreign currency may be granted in local currency. 2.6.8 Limitations on Lessors’ Actions Following Termination The Civil Aviation Code is silent on whether there are limitations on a lessor’s ability to recover default inter - est or to charge additional rent following termination of the lease for default. 2.6.9 Lessor’s Requirement to Pay Taxes/Fees There are no legal requirements regarding the pay - ment of taxes or fees in a significant (ie, non-nominal) amount by a lessor under an aircraft lease in connec - tion with the enforcement of such lease. 2.6.10 Mandatory Notice Periods Aside from the notice period indicated in the lease agreement, the lessor is not required to comply with any other mandatory notice periods for the termina - tion of an aircraft lease. 2.6.11 Lessees’ Entitlement to Claim Immunity A lessee is not entitled to claim sovereign or other immunity from suit. In all cases, immunities can be waived. 2.6.12 Enforcement of Foreign Arbitral Decisions The Republic of Congo has not adopted the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).
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