Border ContractsPublic register

Guide · updated 19 October 2026

What did border-contract arbitration cases decide?

Border-contract disputes have different outcomes. In Benin, the Paris Court of Appeal rejected the state's request to annul a 2019 ICC award, including its corruption argument 1. In UK e-Borders, the government described an award set aside. Raytheon described a partially upheld challenge, a stayed decision and its appeal. Both recorded a GBP 150 million settlement 2,3. Awards, interim decisions, annulment proceedings and settlements must be recorded separately, with each party's account attributed.

Benin
ICC award on 24 January 2019. Paris annulment challenge rejected on 27 October 2020 1.
United Kingdom
Award in August 2014, set aside in February 2015, settlement in March 2015 2.

Benin: what the appeal court decided

Benin alleged corruption and challenged the use of documents. The companies denied the allegations. The court found the asserted corruption indicators insufficient and rejected annulment 1.

The court explained that it was reviewing the award's place in the French legal order, not retrying the contract. Paragraph 7 records USD 6,071,859 in invoices and USD 80,856,576 in lost profit, plus interest and other costs. These components should not be replaced with an unexplained rounded total 1.

In a separate proceeding, the CCJA dismissed Securiport's cassation appeal as late on 31 December 2020. That procedural dismissal is not a ruling setting aside the ICC award 4.

United Kingdom: award, challenge, settlement

The Home Secretary's 27 March 2015 letter reports a GBP 186 million award plus GBP 38 million interest. It says the High Court set the award aside for serious irregularity and that both parties had permission to appeal. The GBP 150 million settlement ended the dispute, transferred assets and included no government admission of liability 2.

Raytheon's statement described the challenge as partially upheld, with the decision stayed and appeals available. It said it disputed termination and recorded the agreed settlement. These are the parties' differing descriptions of the procedural position before settlement 3.

Questions and answers

Did the Paris court find that Benin proved corruption?

No. It found the indicators were not sufficiently serious, precise and consistent to justify annulment 1.

Was the UK settlement an admission that termination was unlawful?

The government letter expressly says the settlement involved no government admission of liability 2.

Sources

  1. Paris Court of Appeal: Judgment 19/04177, full text reproduced by Jus Mundi (27 October 2020)
  2. UK Home Office: Home Secretary letter on e-Borders settlement (27 March 2015)
  3. Raytheon, company statement: Raytheon Systems Limited Reaches Settlement with United Kingdom Home Office (27 March 2015)
  4. Kohen Avocats (republication of CCJA ruling): Arrêt N° 369/2020, Société SECURIPORT LLC c/ Etat béninois (31 December 2020)