Transportation and Logistic Consulting SA v Schlumberger Seaco Inc

The payment of CFA 37,000,000 was a lawful negotiated fine paid to the Luba customs administration and not a bribe; there was no evidence or suggestion of corrupt intent or unlawful influence.

Parties: Claimant: Transportation and Logistic Consulting S. A.; Defendant: Schlumberger Seaco Inc
Jurisdiction: England and Wales
Judgment Date: 27 January 2009
Procedural Posture: Commercial / Judgment
Outcome: issue resolved in favour of the Claimants
Legal Topics: Bribery, Customs Fines, Contractual Obligations

Commercial Law Bribery Customs Fines Contractual Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Transportation and Logistic Consulting S. A.

Claimant

Schlumberger Seaco Inc

Defendant

Procedural Posture

Commercial / Judgment

Legal Issues

1 Was the payment of CFA 37,000,000 made by the Claimants to the Luba customs administration a bribe paid with corrupt intent to influence the administration to hide violations of the CEMAC Customs Code by the Defendants?

Ratio Decidendi

The payment of CFA 37,000,000 was a lawful negotiated fine paid to the Luba customs administration and not a bribe; there was no evidence or suggestion of corrupt intent or unlawful influence.

Court Disposition

issue resolved in favour of the Claimants