46704 News from icsiD Volume 25, No. 1 2008 I N t e r N a t I o N a l C e N t r e f o r S e t t l e m e N t o f I N V e S t m e N t D I S p u t e S ana palacio leaves icsiD proceDural Details availaBle on the icsiD Ana Palacio resigned from the posts of Senior Vice President and General Counsel of the World Bank WeBsite Group, and Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID), effective In April 2008, the ICSID Secretariat released a new April 15, 2008. feature of the Centre's website. For the first time, extensive details on procedural developments in each Ms. Palacio, a Spanish national, was unanimously of the ongoing ICSID proceedings are being published elected as Secretary-General by the Administrative online. For each pending case, the Secretariat has Council of ICSID in 2006. Prior to joining the Bank added an additional web page providing a set of key Group and ICSID, she held a number of distinguished procedural details that was previously published only in positions in both the political and legal arenas. From hard-copy format. 2004 to 2006, she was a member of the Spanish Parliament where she chaired the Joint Committee of the The procedural details feature can be accessed for Two Houses for European Affairs. Immediately prior to each pending case either through a link under "Status this, she served as Foreign Minister of Spain from 2002 of Proceeding" in the list of cases, or through a tab to 2004. Before undertaking this post, Ms. Palacio was given for the case in the "Search Cases" database. a member of the European Parliament. Ms. Palacio has held the most senior positions in the governing bodies of The new feature has been added as part of the Centre's the Madrid Bar and the European Bar. continuous efforts to make its case-management activities even more transparent. n As Secretary-General of ICSID, Ms. Palacio spearheaded a number of initiatives to strengthen the operations of the Secretariat and to modernize its practices and procedures. These initiatives have enabled ICSID to update its strategic focus and maintain its status as the leading international arbitration institution devoted to investor- State dispute settlement. Ms. Palacio initiated a continued on page 24 in this issue Designations to the Panels of Conciliators and of Arbitrators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Achieving Efficiency in Arbitration: The Role of the Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ICSID Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Disputes before the Centre. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 1 Designations to the ana palacio leaves icsiD panels of conciliators (continued from page 1) anD of arBitrators reorganization of the Secretariat's staffing structure, Pursuant to the ICSID Convention, the Centre maintains which was improved by the creation of staff teams and a Panel of Conciliators and a Panel of Arbitrators. the filling of the position of Deputy Secretary-General, In accordance with Article 13 of the Convention, each a post which had been vacant for two years. During Contracting State may designate up to four persons to her tenure, mechanisms were put in place to strengthen each Panel. Up to ten persons may be designated to ICSID's finances and enhance its internal financial each Panel by the Chairman of the Administrative Council. controls. All designees serve for a renewable period of six years. A new website was launched to improve ICSID's During the period January 1 ­ June 30, 2008, internet presence and to provide for faster and more the governments of Grenada, the Netherlands, user-friendly access to information about ICSID and Switzerland and the United States of America made its activities. A major undertaking during Ms. Palacio's designations to the ICSID Panels. The names of the tenure was the launch of a technology-upgrade recently nominated appointees are listed below. project intended to create an integrated electronic A complete list of members of the ICSID Panels of system for case management. Also during Ms. Conciliators and of Arbitrators is available on the Palacio's tenure, the Centre's caseload continued to ICSID website at http://icsid.worldbank.org. increase significantly. Concerted efforts were made by the ICSID Secretariat to expand and diversify the Grenada pool of arbitrators, particularly with respect to gender Panels of Conciliators and of Arbitrators and nationality, and with emphasis being given to Designations effective March 26, 2008: those coming from developing countries. D. Brian King and Hugh Wildman Netherlands In announcing Ms. Palacio's departure, World Bank Panels of Conciliators and of Arbitrators President Robert B. Zoellick noted that Nassib G. Designations effective April 18, 2008: Ziadé, Deputy Secretary-General of ICSID, would Albert Jan van den Berg, Jan Hendrik Dalhuisen and serve as Acting Secretary-General of ICSID effective Otto L.O. de Witt Wijnen April 16, 2008. Panel of Conciliators Since the Centre's creation, the General Counsel of the Designation effective April 18, 2008: World Bank has concurrently served as ICSID Secretary- Piet Jan Slot General. In recent years, however, there have been Panel of Arbitrators discussions with respect to separating the two positions, Designation effective April 18, 2008: particularly in light of the Centre's increasing caseload, Jacomijn J. van Haersolte-van Hof the growing demands on the World Bank's Legal Vice Presidency, and best practices in the field. As a result Switzerland of these discussions and further consultation, World Panel of Conciliators Bank senior management announced in June 2008 its Designations effective February 12, 2008: decision to separate the two positions. n Marino Baldi, Jens Drolshammer, Matthias Kummer and Andreas Ziegler Panel of Arbitrators Designations effective February 12, 2008: Robert Briner, Andreas Bucher, Thomas Cottier and Gabrielle Kaufmann-Kohler United States of America Panel of Arbitrators Designation effective May 14, 2008: John M. Townsend Designation effective May 30, 2008: William W. Park 2 achieving efficiency in arBitration: the role of the institutions By nassib g. Ziadé, Deputy secretary-general, icsiD former executive secretary, World Bank administrative tribunal This paper is based on a presentation delivered at the session on "Achieving Efficiency in Arbitration: the Role of the Institutions" at the 24th AAA/ICC/ICSID Joint Colloquium on International Arbitration, held in Paris on November 16, 2007. This paper discusses the means by which arbitration work necessary to ensure that the arbitration will run institutions can maximize the benefits of the services smoothly and efficiently at all times. The institution which they provide to their various users. Before oversees the financing of the proceedings, including by tackling this topic, however, mention should be made administering the funds received from the parties and of ad hoc arbitration taking place outside the institutions. by processing the arbitrators' fees and expenses as well Such processes may be appropriate in some instances, as any other disbursements to be made pursuant to the and may give greater flexibility both to the parties in governing rules. The institution also takes responsibility shaping the applicable procedural rules, and to the for the logistics of the proceedings. This typically arbitrators in conducting the proceedings. The ultimate includes the making of arrangements for the tribunal's success of ad hoc arbitration, however, depends on meetings with the parties, the reservation of hearing fully cooperative parties, competent counsel and highly rooms with ancillary rooms and facilities for the parties experienced arbitrators, with the arbitration taking and the tribunal, and the hiring of interpreters and place in a country whose arbitration law is sufficiently transcription personnel, to name but a few services. advanced. It is not insignificant to note that even in cases where parties have decided that their ad hoc The providing of such administrative services may be arbitration will be governed by the UNCITRAL Rules, considered more tedious than challenging. It must they nevertheless from time to time approach an nevertheless be done in a meticulous fashion, and arbitration institution to administer the proceedings. nothing should ever be left to chance. It is especially They can thereby take advantage of the institution's important for the parties to be made aware that they case-management expertise. are getting a host of premium-quality services from the arbitral institution at a reasonable price. This presentation will avoid a discussion of the respective advantages of institutional arbitration and A weakness of some arbitration institutions stems from ad hoc arbitration. It will likewise avoid comparisons the heavy bureaucratic machinery within which they of the respective merits of different arbitration are required to operate. Managers of such arbitration institutions, and thus forego what a leading arbitration institutions may in such cases attempt to streamline specialist described in his inimitable style as "les these burdensome factors in order to facilitate and couplets rituels de propagande qu'assènent expedite the arbitral process so as to meet commercial régulièrement les représentants d'organismes and professional expectations. [d'arbitrage] concurrents aux malheureux participants à des congrès, séminaires et colloques sur le commerce Next, the institution may be expected to provide the international" (i.e. "the ritual lines of propaganda that arbitral tribunal with professional and experienced staff the representatives of competing [arbitral] institutions to administer the proceedings. ICSID, for example, inflict upon unfortunate participants of congresses, assigns a lawyer from its Secretariat to serve as the seminars and colloquia on international commerce"). secretary of the arbitral tribunal. The institution's staff No such propaganda effort will be undertaken, to the serves as the channel of communication between the extent that this is humanly possible. arbitrators and the parties, whom they assist and to whom they provide experienced procedural guidance. Turning then to the main topic, what are the basic It may be noted that the less experienced the parties to services that users expect from arbitral institutions for a given case are, the heavier is likely to be their achieving efficiency in their arbitral processes? reliance on the arbitration institution for walking them through the process. In playing such a positive role in The arbitration institution is first looked upon to various arbitration cases, the institution helps to further undertake a considerable amount of the administrative professionalize and standardize the arbitration process, 3 and thereby becomes a guardian of the rules' continuity In a related vein, it may be noted that institutional rules and consistent application, as well as of the predictability typically contain fallback provisions which may come of arbitral procedures. into play if one or both parties engage in dilatory tactics. For instance, all sets of arbitration rules contain First procedural sessions in ICSID proceedings constitute mechanisms for the appointment of arbitrators when a a relevant example. During these first sessions, the party fails to appoint an arbitrator in a timely manner, parties and the tribunal seek to agree on a procedural or when both parties or the party-appointed arbitrators framework for the administration of the case. To assist fail to agree on a tribunal president. When the the parties and the tribunal, the Centre has developed arbitration institution is called upon to perform such an a standard agenda which encompasses many of the appointment, it goes without saying that the institution procedural issues that may arise during the administration must act in total neutrality. Moreover, while it is always of the case. The Secretariat envisages, and presents to advisable and often recommended by the relevant rules the parties for discussion, points on which agreement or for the institution to consult with the parties prior to a decision may need to be reached. Moreover, if making any such appointments, the institution may also needed, it will advise the parties and the tribunal on come to establish practices and procedures that will possible means of resolving these issues, based on the prevent it from being thwarted by uncooperative parties Centre's experience. or by the intransigence of a single party. The institution not only provides parties with arbitration In another area, individual and dissenting opinions, rules, but also regularly revises these rules to take account although only the ICSID Convention (at Article 48(4)) of new trends and developments in the practice of and the ICSID Arbitration Rules (at Rule 47(3)) expressly international arbitration. A good example in this regard allow for such opinions, and although such opinions is the recognition of third-party participation in the latest are not generally encouraged by civil law systems, this set of amendments to the ICSID Arbitration Rules. practice has nevertheless been widely adopted in international arbitration. The true question is then how The latest ICSID amendments have also introduced, an arbitration institution will manage the submission of among other things, provisions aimed at expediting such opinions. Normally, the tribunal president regulates ICSID arbitration proceedings. One such amendment such matters as part of his or her organization of the relates to provisional measures. The ICSID Arbitration tribunal's work. If he or she becomes unable to manage Rules have made it clear since their modification in disagreement, however, the arbitration institution may 1984 that, unless they agree otherwise, parties to be called upon to facilitate communication between the ICSID Convention arbitration proceedings cannot seek dissenter and the majority. provisional measures from national courts. An amendment of 2006 allows for a more expedited filing In the absence of rules regulating dissent, a Working of requests for provisional measures before ICSID. Group of the ICC Commission on International Instead of a party having to wait until an ICSID Arbitration issued in 1988 a Report containing relevant arbitration tribunal is constituted to seek provisional guidelines. Among them, two rules stand out as measures, such a party may now file with the Centre a deserving of global application. The first is that the request for provisional measures even before the dissenter should be given adequate time to write the constitution of the tribunal. The Secretary-General of minority opinion. The second is that the majority should ICSID will in such case fix time limits for the parties to receive this opinion in time to address it before present their observations on the request, with the result finalizing the award. that the request and the parties' observations thereon can be ready for decision by the time the arbitration Looking to the future, there is an ever-growing debate tribunal is constituted. about the extent to which an institution's secretariat should be involved in the work of a tribunal. This Of course, this would not be the only order of business discussion is taking place with a view to achieving for an ICSID arbitration tribunal following its constitution. maximum efficiency, but other considerations must also Indeed, another amendment of 2006 to the ICSID be taken into account. There is today a great need to Arbitration Rules also allows an ICSID tribunal to dismiss expand the pool and diversity of potential arbitrators. at an early stage all claims that are manifestly This obviously entails the making of first-time unmeritorious. Objections to such claims must be filed appointments. The less experienced the arbitrators are, no later than 30 days after the tribunal's constitution, the more prominent the role of the institution's secretariat and in any event before its first session. becomes. In such circumstances, the question arises as 4 icsiD puBlications to whether the institution's staff or the tribunal secretary should provide more than mere administrative assistance and procedural guidance. There is no question that intellectual control and the Since the publication of the last issue of News from decision-making function should remain solely in the ICSID, the Centre has issued two new releases arbitrators' hands. The issue is rather whether the of its loose-leaf collections Investment Treaties and institution's staff and tribunal secretary may provide Investment Laws of the World. professional assistance in the decision-making process, albeit under the close supervision of the arbitral The texts of 20 bilateral investment treaties concluded tribunal. Such assistance includes legal research with by some 27 countries during the period 1987 ­ 2006 a view to raising the arbitrators' awareness of the were added in the new release of Investment Treaties. existing case law, and the production of memoranda The collection, which is celebrating its 25th anniversary reviewing documents and summarizing the parties' this year, now contains the texts of 1,180 bilateral contentions and submissions. investment treaties concluded by 165 countries. On this issue, the UNCITRAL's 1996 Notes on The new release of Investment Laws of the World Organizing Arbitral Proceedings rightly acknowledge features new or revised investment legislation passed the existence of a difference of views. Indeed, on the by Cameroon, the People's Republic of China, Haiti, one hand, some practitioners stress that the duties of Indonesia and the Lao People's Democratic Republic. the institutions must be strictly limited to administrative The collection, which was launched in 1973, now tasks, and warn against the provision of any legal comprises investment legislation of some 133 countries assistance which could influence, even modestly, the from all major regions of the world. arbitrators' decision. The ICC's 1995 Note Concerning the Appointment of Administrative Secretaries by Investment Laws of the World (ten loose-leaf volumes) Arbitral Tribunals echoes these concerns. On the other and Investment Treaties (ten loose-leaf volumes) hand, some practitioners find it essential that the are available from Oxford University Press, Order arbitral institution play an expanded role in order to Department, 2001 Evans Road, Cary, NC 27513; ensure a certain level of consistency. U.S.A.; Ph: 800­624­0153; Fax: 919­677­8877; Email: library.sales@oup.com; at US$2,330 for both There appear to be two ways of resolving this issue. sets, US$1,165 for the ten Investment Laws of the The first is for arbitrators interested in obtaining such World volumes only, and US$1,165 for the ten assistance to disclose their intention to the parties at Investment Treaties volumes only. the very first procedural session, and to obtain the parties' approval. In this respect, the Joint Report of The Centre is presently revising the format of its law April 2008 by the International Commercial Disputes journal, the ICSID Review--Foreign Investment Law Committee and the Committee on Arbitration of the Journal. In the future, the journal will mainly feature New York City Bar Association states that the concern articles, commentaries, case notes and book reviews. of undue influence by tribunal secretaries is best Decisions and awards rendered in ICSID proceedings addressed by "disclosure, transparency and informed will be made available primarily through the Centre's consent of the parties." The second approach is for an website. In addition, the ICSID Review will accept arbitral institution to maintain a public database of writings in all three official languages of the Centre, relevant jurisprudence to which tribunals and parties i.e. English, French and Spanish. The first issue will have ready access. With respect to this latter featuring the new format will be released in the fall option, the practice of publishing excerpts of ICC of 2008. awards is informative. So also is ICSID's practice of publishing excerpts of its awards, a practice which The ICSID Review is available on a subscription has been made mandatory in the latest amendments basis, at US$90 per year for those with a mailing to the ICSID Arbitration Rules. This is but one effort of address in an OECD country, and US$45 for others, ICSID to achieve greater transparency and openness. plus postal charges, from Journals Publishing Division, n The Johns Hopkins University Press, 2715 North Charles Street, Baltimore, MD 21218­4363, U.S.A.; Ph: 410­516­6987; Fax: 410­516­6968; Email: jrnlcirc@press.jhu. 5 Disputes Before the centre n Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Argentine Republic (Case No. ARB/97/3) -- Second Annulment Nine new proceedings were instituted before the Centre Proceeding in the first half of 2008, bringing the total number of cases registered with ICSID since its creation to 268. Eight of May 22, 2008 the new cases were brought under the ICSID Convention The ad hoc Committee is constituted. Its members and one under the ICSID Additional Facility Rules. are: Ahmed S. El-Kosheri (Egyptian), President; In eight of the new cases, ICSID jurisdiction was asserted Jan Hendrik Dalhuisen (Dutch); and Andreas J. on the basis of dispute settlement provisions contained Jacovides (Cypriot). in bilateral investment treaties. Two of these alternatively invoked an arbitration clause of an investment contract May 23, 2008 with the host State. One further case sought to establish Compañía de Aguas del Aconquija S.A. and ICSID jurisdiction on the basis of an investment law. Vivendi Universal S.A. file a request for termination of the stay of enforcement of the award. The Centre also registered six proceedings in which the June 20, 2008 parties sought post-award remedies under the ICSID The Argentine Republic files observations on the Convention. These proceedings include four applications for request for termination of the stay of enforcement annulment of awards previously rendered, one application of the award. for the revision of an award, and one request for rectification of an award. In addition, one request for the n Víctor Pey Casado and President Allende interpretation of an award and a supplementary decision Foundation v. Republic of Chile was filed under the ICSID Additional Facility Rules. (Case No. ARB/98/2) Nine arbitration proceedings were concluded since the (a) Original Arbitration Proceeding last publication of News from ICSID. Three of these proceedings were discontinued at the request of one January 31, 2008 or both parties. In one further proceeding, the parties' The Tribunal declares the proceeding closed. settlement agreement was embodied in an arbitral March 31, 2008 award. Five arbitral tribunals rendered awards in the The Tribunal extends the period to draw up and first half of 2008. One award dismissed all claims, while sign its award. the remaining four awards upheld the claims in part. May 8, 2008 In total, the Centre administered 135 proceedings The Tribunal renders its award. during the first half of 2008. Twenty-seven tribunals were constituted or reconstituted, and 21 hearings were (b) Revision Proceeding held in different cities around the world. Furthermore, 22 first sessions were held in person, by video or by June 17, 2008 teleconference. The Acting Secretary-General registers an application for the revision of the award. Procedural developments in the proceedings June 20, 2008 pending before the Centre during the period under The Tribunal is reconstituted. Its members are: review are set forth below. Further procedural Pierre Lalive (Swiss), President; Mohammed developments are available on the Centre's website at Chemloul (Algerian); and Emmanuel Gaillard http://www.worldbank.org/icsid. (French). n Antoine Goetz and others v. Republic of Burundi (Case No. ARB/01/2) There have been no new developments to report for this case since the last issue of News from ICSID. 6 n Enron Corporation and Ponderosa Assets, L.P. v. n Siemens A.G. v. Argentine Republic Argentine Republic (Case No. ARB/01/3) -- (Case No. ARB/02/8) -- Annulment Proceeding Annulment Proceeding April 21, 2008 March 7, 2008 The Argentine Republic files a memorial on annulment. The Acting Secretary-General registers an application for the institution of annulment proceedings, and notifies the parties of the provisional stay of n Ahmonseto, Inc. and others v. Arab Republic of Egypt (Case No. ARB/02/15) -- Annulment Proceeding enforcement of the award. March 4, 2008 May 22, 2008 The ad hoc Committee is constituted. Its members are: The ad hoc Committee is constituted. Its members are: Piero Bernardini (Italian), President; Azzedine Kettani Gavan Griffith (Australian), President; Patrick L. (Moroccan); and Peter Tomka (Slovak). Robinson (Jamaican); and Per Tresselt (Norwegian). April 18, 2008 June 18, 2008 The ad hoc Committee holds a first session by Enron Corporation and Ponderosa Assets, L.P. file a telephone conference. request to terminate the provisional stay of enforcement of the award. June 30, 2008 Ahmonseto, Inc. and others file a memorial on annulment. n Azurix Corp. v. Argentine Republic (Case No. ARB/01/12) -- Annulment Proceeding n Sempra Energy International v. Argentine Republic (Case No. ARB/02/16) -- Annulment Proceeding January 8, 2008 The Argentine Republic files a memorial on annulment. January 30, 2008 The Secretary-General registers an application for the May 7, 2008 institution of annulment proceedings, and notifies the Azurix Corp. files a counter-memorial on annulment. parties of the provisional stay of enforcement of the award. June 18, 2008 The Argentine Republic files a reply on annulment. n AES Corporation v. Argentine Republic (Case No. ARB/02/17) n LG&E Energy Corp., LG&E Capital Corp. and LG&E International Inc. v. Argentine Republic January 15, 2008 (Case No. ARB/02/1) The suspension of the proceeding is further extended, pursuant to the parties' agreement. There have been no new developments to report for June 23, 2008 this case since the last issue of News from ICSID. The suspension of the proceeding is further extended, pursuant to the parties' agreement. n SGS Société Générale de Surveillance S.A. v. Republic of the Philippines (Case No. ARB/02/6) n Camuzzi International S.A. v. Argentine Republic (Case No. ARB/03/2) March 11, 2008 The Respondent files a request for production of February 5, 2008 documents. The suspension of the proceeding is extended, pursuant to the parties' agreement. March 13, 2008 The Claimant files a response to the Respondent's April 28, 2008 request for production of documents. The suspension of the proceeding is further extended, pursuant to the parties' agreement. March 17, 2008 The Tribunal issues a decision on production of documents. n Metalpar S.A. and Buen Aire S.A. v. Argentine Republic (Case No. ARB/03/5) April 11, 2008 The Tribunal renders its award embodying the parties' February 13, 2008 settlement agreement, pursuant to ICSID Arbitration The Tribunal declares the proceeding closed. Rule 43(2). June 6, 2008 The Tribunal renders its award. continued on next page4 7 n M.C.I. Power Group, L.C. and New Turbine, Inc. v. March 7, 2008 Republic of Ecuador (Case No. ARB/03/6) -- The Respondent files a response to the Claimants' Annulment Proceeding observations of March 5, 2008. April 7, 2008 March 10, 2008 The ad hoc Committee is constituted. Its members are: The Claimants file additional observations on the Dominique Hascher (French), President; Hans Danelius expert report. (Swedish); and Peter Tomka (Slovak). March 13, 2008 May 16, 2008 The arbitrator furnishes additional explanations in The ad hoc Committee holds a first session in Paris. regard to the second proposal for disqualification. n Continental Casualty Company v. Argentine March 25, 2008 Republic (Case No. ARB/03/9) The parties file final observations on the second proposal for disqualification. April 24, 2008 The Tribunal declares the proceeding closed. May 12, 2008 The second proposal for disqualification of the n Gas Natural SDG, S.A. v. Argentine Republic arbitrator is declined; the proceeding is resumed. (Case No. ARB/03/10) n Suez, Sociedad General de Aguas de Barcelona, February 20, 2008 S.A. and Vivendi Universal, S.A. v. Argentine The suspension of the proceeding is further extended, Republic (Case No. ARB/03/19) pursuant to the parties' agreement. January 7, 2008 n Pan American Energy LLC and BP Argentina The parties file additional observations on the second Exploration Company v. Argentine Republic proposal for disqualification. (Case No. ARB/03/13) February 29, 2008 March 26, 2008 The Respondent files an expert report in support of its The suspension of the proceeding is further extended, proposal for disqualification. pursuant to the parties' agreement. March 3, 2008 June 18, 2008 The Tribunal requests further explanations from the The parties file a joint request for the discontinuance of arbitrator. the proceeding, pursuant to ICSID Arbitration Rule 43(1). March 5, 2008 The Claimants file observations on the expert report n El Paso Energy International Company v. filed by the Respondent. Argentine Republic (Case No. ARB/03/15) March 7, 2008 May 21, 2008 The Respondent files a response to the Claimants' The Tribunal appoints an independent expert. observations of March 5, 2008. n Suez, Sociedad General de Aguas de Barcelona, March 10, 2008 S.A. and Interagua Servicios Integrales de Agua, The Claimants file additional observations on the S.A. v. Argentine Republic (Case No. ARB/03/17) expert report. January 7, 2008 March 13, 2008 The parties file additional observations on the second The arbitrator furnishes additional explanations in proposal for disqualification. regard to the second proposal for disqualification. February 29, 2008 March 25, 2008 The Respondent files an expert report in support of its The parties file final observations on the second proposal for disqualification. proposal for disqualification. March 3, 2008 May 12, 2008 The Tribunal requests further explanations from the arbitrator. The second proposal for disqualification of the arbitrator is declined; the proceeding is resumed. March 5, 2008 The Claimants file observations on the expert report. June 18, 2008 The parties file post-hearing briefs. 8 n Telefónica S.A. v. Argentine Republic May 21, 2008 (Case No. ARB/03/20) The parties file submissions on costs. January 23, 2008 June 9, 2008 The suspension of the proceeding is further extended, The Tribunal declares the proceeding closed. pursuant to the parties' agreement. April 8, 2008 n Fraport AG Frankfurt Airport Services Worldwide v. The suspension of the proceeding is further extended, Republic of the Philippines (Case No. ARB/03/25) pursuant to the parties' agreement. -- Annulment Proceeding January 8, 2008 n Enersis, S.A. and others v. Argentine Republic The Acting Secretary-General registers an application (Case No. ARB/03/21) for the institution of annulment proceedings. March 28, 2008 April 14, 2008 The suspension of the proceeding is further extended, The ad hoc Committee is constituted. Its members are: pursuant to the parties' agreement. Peter Tomka (Slovak), President; Dominique Hascher (French); and Campbell McLachlan (New Zealand). n Electricidad Argentina S.A. and EDF International S.A. v. Argentine Republic (Case No. ARB/03/22) June 11, 2008 The ad hoc Committee holds a first session at The Hague. February 5, 2008 The suspension of the proceeding is further extended, n Unisys Corporation v. Argentine Republic (Case pursuant to the parties' agreement. No. ARB/03/27) n EDF International S.A., SAUR International S.A. There have been no new developments to report for and León Participaciones Argentinas S.A. v. this case since the last issue of News from ICSID. Argentine Republic (Case No. ARB/03/23) n Duke Energy International Peru Investments No. 1 January 16, 2008 Ltd. v. Republic of Peru (Case No. ARB/03/28) The parties file observations on the explanations furnished by the arbitrator. June 19, 2008 The Tribunal declares the proceeding closed. February 11, 2008 The Claimants file observations on the Respondent's submission of January 16, 2008. n Bayindir Insaat Turizm Ticaret Ve Sanayi A.S. v. Islamic Republic of Pakistan (Case No. ARB/03/29) February 29, 2008 The Respondent files observations on the Claimants' January 7, 2008 submission of February 11, 2008. The Claimant files a rejoinder to the Respondent's reply of December 19, 2007 concerning provisional measures. June 25, 2008 The proposal for disqualification of an arbitrator is January 16, 2008 declined; the proceeding is resumed. The Respondent files further observations on the Claimant's rejoinder. n Plama Consortium Limited v. Republic of Bulgaria January 21, 2008 (Case No. ARB/03/24) The Claimant files a response to the Respondent's application of December 21, 2007, including January 28 ­ February 1, 2008 witness statements. The Tribunal holds a hearing on the merits in Washington, D.C. January 24, 2008 The Tribunal decides on the admissibility of certain March 20, 2008 witness statements, as well as on an expert report, The parties file post-hearing briefs. and on document production requests. April 3, 2008 January 28, 2008 The parties file reply post-hearing briefs. The Claimant produces documents. April 14, 2008 The Tribunal hears post-hearing oral submissions in Washington, D.C. continued on next page4 9 February 19, 2008 n Corn Products International, Inc. v. United Mexican The Claimant produces further documents. The States (Case No. ARB(AF)/04/1) Respondent files a reply to the Claimant's response of January 21, 2008. January 15, 2008 The Tribunal issues a decision on liability, to which a February 29, 2008 separate opinion is attached. The Claimant files a supplemental expert report. February 4, 2008 March 10, 2008 The Claimant files a memorial on quantum. The Tribunal issues a procedural order concerning a questionnaire for its witness. February 17, 2008 The Respondent files a request for production of March 28, 2008 documents. The Claimant files a request for production of documents. May 12, 2008 April 4, 2008 The Tribunal issues a procedural order concerning a The Respondent files a supplemental expert report. request for production of documents. April 14, 2008 May 14, 2008 The Claimant files a supplemental expert report. The The Respondent files a counter-memorial on quantum. Tribunal issues procedural orders concerning the parties' respective requests for provisional measures. June 27, 2008 The Tribunal issues a procedural order concerning the April 18, 2008 admissibility of evidence. The Tribunal's witness files a statement. n Total S.A. v. Argentine Republic May 2, 2008 (Case No. ARB/04/1) The Tribunal issues a procedural order concerning a supplemental expert report. January 7 ­ 18, 2008 The Tribunal holds a hearing on the merits in May 8, 2008 Washington, D.C. The Tribunal issues a procedural order concerning the Claimant's request for production of documents. April 11, 2008 The parties file post-hearing briefs. May 12, 2008 The President of the Tribunal holds a pre-hearing May 26, 2008 conference with the parties by telephone. The parties file submissions on costs. May 20, 2008 The Respondent produces further documents. n SAUR International v. Argentine Republic (Case No. ARB/04/4) May 21, 2008 The Tribunal issues a procedural order concerning the January 28, 2008 admissibility of new evidence. The suspension of the proceeding is further extended, pursuant to the parties' agreement. May 24, 2008 The Respondent produces further documents. n Compagnie d'Exploitation du Chemin de Fer Transgabonais v. Gabonese Republic May 26 ­ June 4, 2008 (Case No. ARB/04/5) The Tribunal holds a hearing on the merits in London. February 12, 2008 n Azurix Corp. v. Argentine Republic The Tribunal declares the proceeding closed. (Case No. ARB/03/30) March 7, 2008 March 28, 2008 The Tribunal renders its award. The Tribunal is constituted. Its members are: Gustaf Möller (Finnish), President; Bernard Hanotiau (Belgian); n Sociedad Anónima Eduardo Vieira v. Republic of and Antonio A. Cançado Trindade (Brazilian). Chile (Case No. ARB/04/7) -- Annulment Proceeding June 1, 2008 January 24, 2008 The Tribunal holds a first session by telephone conference. The Acting Secretary-General registers an application for the institution of annulment proceedings. 10 May 1, 2008 n Jan de Nul N.V. and Dredging International N.V. The ad hoc Committee is constituted. Its members are: v. Arab Republic of Egypt (Case No. ARB/04/13) Christer Söderlund (Swedish), President; Piero Bernardini (Italian); and Eduardo Silva Romero (Colombian). January 17, 2008 The parties file reply post-hearing briefs. June 24, 2008 The ad hoc Committee holds a first session in Paris. n Wintershall Aktiengesellschaft v. Argentine Republic (Case No. ARB/04/14) n BP America Production Company and others v. Argentine Republic (Case No. ARB/04/8) There have been no new developments to report for this case since the last issue of News from ICSID. March 26, 2008 The suspension of the proceeding is further extended, n Mobil Exploration and Development Inc. Suc. pursuant to the parties' agreement. Argentina and Mobil Argentina S.A. v. Argentine Republic (Case No. ARB/04/16) June 18, 2008 The parties file a request for the discontinuance of the There have been no new developments to report for proceeding pursuant to ICSID Arbitration Rule 43(1). this case since the last issue of News from ICSID. n CIT Group Inc. v. Argentine Republic n Gemplus, S.A., SLP, S.A. and Gemplus Industrial, (Case No. ARB/04/9) S.A. de C.V. v. United Mexican States (Case No. ARB(AF)/04/3) February 28, 2008 The Claimant files a reply on the merits. February 18 ­ 27, 2008 The Tribunal holds a hearing on the merits in June 4, 2008 Washington, D.C. The Respondent files a further request for production of documents. April 4, 2008 The parties file post-hearing briefs. June 16, 2008 The Claimant files observations on the Respondent's May 28, 2008 further request for production of documents. The Tribunal holds a supplementary hearing on the merits in Washington, D.C. June 27, 2008 The Respondent files a reply on the further request for June 11, 2008 production of documents. The parties file additional post-hearing briefs. n Russell Resources International Limited and June 16, 2008 others v. Democratic Republic of the Congo The parties file submissions on costs. (Case No. ARB/04/11) n Talsud, S.A. v. United Mexican States There have been no new developments to report for (Case No. ARB(AF)/04/4) this case since the last issue of News from ICSID. February 18 ­ 27, 2008 n ABCI Investments N.V. v. Republic of Tunisia The Tribunal holds a hearing on the merits in (Case No. ARB/04/12) Washington, D.C. March 27, 2008 April 4, 2008 The proceeding is stayed in accordance with ICSID The parties file post-hearing briefs. Administrative and Financial Regulation 14(3)(d). May 28, 2008 April 15, 2008 The Tribunal holds a supplementary hearing on the The proceeding is resumed following payment of the merits in Washington, D.C. required advances. June 11, 2008 June 16, 2008 The parties file additional post-hearing briefs. The Tribunal holds a procedural session with the parties in Paris. June 16, 2008 The parties file submissions on costs. continued on next page4 11 n Archer Daniels Midlands Company & Tate and Lyle January 16, 2008 Ingredients Americas, Inc. v. United Mexican States Following the Respondent's objections to jurisdiction, (Case No. ARB(AF)/04/5) -- Interpretation, the proceeding on the merits is suspended. Supplementary Decision and Correction Proceeding March 17, 2008 January 7, 2008 The Claimant files a counter-memorial on jurisdiction. The Claimants file a request for interpretation of the award and a supplementary decision. The Respondent May 5, 2008 requests the correction of the award. The Respondent files a reply on jurisdiction. January 8, 2008 June 9, 2008 The Tribunal issues a rectification of its award on its The Claimant files a rejoinder on jurisdiction. own initiative. January 10, 2008 n Compañía General de Electricidad S.A. and The Tribunal sets forth the procedure to be followed in CGE Argentina S.A. v. Argentine Republic regard to the request for interpretation and a (Case No. ARB/05/2) supplementary decision. February 22, 2008 February 11, 2008 The Tribunal issues a procedural order concerning the The Claimants file a submission on the request for a discontinuance of certain claims. The proceeding is supplementary decision. suspended pursuant to the parties' agreement. March 25, 2008 April 28, 2008 The Respondent files a reply to the Claimants' The suspension of the proceeding is further extended, submission of February 11, 2008. pursuant to the parties' agreement. April 1, 2008 n LESI, S.p.A. and Astaldi, S.p.A. v. People's The Claimants file a submission on costs. Democratic Republic of Algeria (Case No. ARB/05/3) April 3, 2008 January 11, 2008 The Respondent files a submission on costs. The Respondent files a memorial on the expert report submitted by the Claimants. April 7, 2008 The Claimants file a response to the Respondent's January 30, 2008 reply of March 25, 2008. The Claimants file a counter-memorial on the expert report. April 21, 2008 The Respondent files a rejoinder to the Claimants' February 14, 2008 response. The Respondent files a reply to the expert report. n Duke Energy Electroquil Partners and Electroquil February 25, 2008 S.A. v. Republic of Ecuador (Case No. ARB/04/19) The Respondent files a statement of costs. June 11, 2008 February 28, 2008 The Tribunal declares the proceeding closed. The Claimants file a statement of costs. March 21, 2008 n Vannessa Ventures Ltd. v. Bolivarian Republic of The Respondent files a final statement of costs. Venezuela (Case No. ARB(AF)/04/6) March 26, 2008 February 14 ­ 15, 2008 The Claimants file a final statement of costs. The Tribunal holds a hearing on jurisdiction in Paris. n TSA Spectrum de Argentina, S.A. v. Argentine n DaimlerChrysler Services AG v. Argentine Republic Republic (Case No. ARB/05/5) (Case No. ARB/05/1) January 31, 2008 January 4, 2008 The Claimant files a rejoinder on jurisdiction. The Respondent files a memorial on jurisdiction. 12 May 5 ­ 7, 2008 n Noble Energy Inc. and Machala Power Cía. Ltd. v. The Tribunal holds a hearing on jurisdiction in Republic of Ecuador and Consejo Nacional de Washington, D.C. Electricidad (Case No. ARB/05/12) n Bernardus Henricus Funnekotter and others v. March 5, 2008 Republic of Zimbabwe (Case No. ARB/05/6) The Tribunal issues a decision on jurisdiction. There have been no new developments to report for April 14, 2008 this case since the last issue of News from ICSID. The proceeding is suspended pursuant to the parties' agreement. n Saipem S.p.A. v. People's Republic of Bangladesh (Case No. ARB/05/7) June 5, 2008 The suspension of the proceeding is extended pursuant January 16, 2008 to the parties' agreement. The Respondent files a rejoinder on the merits. n EDF (Services) Limited v. Romania March 11 ­ 14, 2008 (Case No. ARB/05/13) The Tribunal holds a hearing on the merits in London. March 11, 2008 n Empresa Eléctrica del Ecuador, Inc. (EMELEC) v. The Respondent files a rejoinder on the merits. Republic of Ecuador (Case No. ARB/05/9) May 2, 2008 February 29, 2008 The Respondent files a request for provisional measures. The Tribunal holds a hearing on jurisdiction in Washington, D.C. June 3, 2008 The Tribunal issues a procedural order concerning April 14, 2008 confidentiality. The Claimant files a post-hearing brief. n RSM Production Corporation v. Grenada April 15, 2008 (Case No. ARB/05/14) The Respondent files a post-hearing brief. There have been no new developments to report for May 29, 2008 this case since the last issue of News from ICSID. The Claimant files a supplemental post-hearing brief. The parties file observations on certain documents. n Waguih Elie George Siag and Clorinda Vecci v. Arab Republic of Egypt (Case No. ARB/05/15) n Malaysian Historical Salvors, SDN, BHD v. Malaysia (Case No. ARB/05/10) -- Annulment Proceeding February 12, 2008 The Respondent files a rejoinder on the merits. March 31, 2008 The ad hoc Committee holds a first session at The Hague. March 10 ­ 18, 2008 The Tribunal holds a hearing on additional objections May 30, 2008 to jurisdiction and the merits in Paris. Malaysian Historical Salvors files a memorial on annulment. March 11, 2008 The Tribunal issues a procedural order joining the n Asset Recovery Trust S.A. v. Argentine Republic Respondent's further objections to jurisdiction to the (Case No. ARB/05/11) merits, and dismissing the Respondent's application for the discontinuance of the proceeding in regard to one February 13, 2008 of the Claimants. The suspension of the proceeding is further extended, pursuant to the parties' agreement. April 24, 2008 The parties file post-hearing briefs. May 21, 2008 The suspension of the proceeding is further extended, n Cargill, Incorporated v. United Mexican States pursuant to the parties' agreement. (Case No. ARB(AF)/05/2) There have been no new developments to report for this case since the last issue of News from ICSID. continued on next page4 13 n Rumeli Telekom A.S. and Telsim Mobil n African Holding Company of America, Inc. and Telekomunikasyon Hizmetleri A.S. v. Republic of Société Africaine de Construction au Congo Kazakhstan (Case No. ARB/05/16) S.A.R.L. v. Democratic Republic of the Congo (Case No. ARB/05/21) June 16, 2008 The Tribunal declares the proceeding closed. There have been no new developments to report for this case since the last issue of News from ICSID. n Desert Line Projects LLC v. Republic of Yemen (Case No. ARB/05/17) n Biwater Gauff (Tanzania) Limited v. United Republic of Tanzania (Case No. ARB/05/22) January 16, 2008 The Tribunal extends the period to draw up and sign March 20, 2008 its award. The Tribunal declares the proceeding closed. February 6, 2008 The Tribunal renders its award. n Ares International S.r.l. and MetalGeo S.r.l. v. Georgia (Case No. ARB/05/23) n Ioannis Kardassopoulos v. Georgia (a) Original Arbitration Proceeding (Case No. ARB/05/18) February 8, 2008 January 16, 2008 The Tribunal declares the proceeding closed. The Tribunal is reconstituted. Its members are: L. Yves Fortier (Canadian), President; Francisco Orrego February 28, 2008 Vicuña (Chilean); and Vaughan Lowe (British). The Tribunal renders its award. January 28, 2008 (b) Rectification Proceeding The Claimant files a supplemental memorial on the merits. April 7, 2008 June 6, 2008 The Acting Secretary-General registers a request for The Respondent files a counter-memorial on the merits. rectification of the award. n Helnan International Hotels A/S v. Arab Republic n Hrvatska Elektroprivreda d.d. v. Republic of of Egypt (Case No. ARB/05/19) Slovenia (Case No. ARB/05/24) May 16, 2008 April 7, 2008 The Tribunal declares the proceeding closed. The Respondent files a rejoinder on the merits. n Ioan Micula, Viorel Micula and others v. Romania April 21, 2008 (Case No. ARB/05/20) The President of the Tribunal holds a pre-hearing conference with the parties by telephone. February 1, 2008 The Claimants file a counter-memorial on jurisdiction. May 5 ­ 16, 2008 The Tribunal holds a hearing on jurisdiction and the March 28, 2008 merits in Paris. The Respondent files a reply on jurisdiction and admissibility. May 6, 2008 The Tribunal issues a procedural order concerning the May 30, 2008 participation of a counsel. The Claimants file a rejoinder on jurisdiction and admissibility. May 30, 2008 The Respondent files applications concerning certain June 14, 2008 claims and production of documents. The Tribunal holds a pre-hearing conference with the parties by telephone. June 16, 2008 The Claimant files observations on the Respondent's June 19 ­ 20, 2008 applications. The Tribunal holds a hearing on jurisdiction and admissibility in Paris. 14 n Spyridon Roussalis v. Romania (Case No. ARB/06/1) n Phoenix Action Ltd. v. Czech Republic (Case No. ARB/06/5) March 7, 2008 The Respondent files a request for production of May 22, 2008 documents. The proceeding is resumed following payment of the required advances. March 17, 2008 The Claimant files observations on the Respondent's June 27, 2008 request for production of documents. The Claimant files a rejoinder on jurisdiction. March 27, 2008 The Tribunal issues a decision on production of n Togo Electricité and Suez Energie Services v. Republic of Togo (Case No. ARB/06/7) documents. February 16, 2008 May 28, 2008 The Tribunal holds a procedural hearing in Paris. The Respondent files a request for provisional measures. June 2, 2008 June 2, 2008 The Claimants file separate memorials on the merits. The Respondent files a counter-memorial. June 13, 2008 n Sistem Muhendislik Insaat Sanayi ve Ticaret A.S. v. The Claimant files observations on the Respondent's Kyrgyz Republic (Case No. ARB(AF)/06/1) request for provisional measures. March 21, 2008 June 23, 2008 The Respondent files a counter-memorial on the merits. The Respondent files a reply to the Claimant's observations. May 2, 2008 The Claimant files a reply on the merits. June 30, 2008 The Claimant files a rejoinder to the Respondent's reply. June 13, 2008 The Respondent files a rejoinder on the merits. n Química e Industrial del Borax Ltda. and others v. Republic of Bolivia (Case No. ARB/06/2) n Libananco Holdings Co. Limited v. Republic of Turkey (Case No. ARB/06/8) March 20, 2008 The Tribunal holds a first session in Paris. February 11, 2008 The Claimant files observations on the Respondent's June 13, 2008 requests for production of documents and provisional The proceeding is suspended pursuant to the parties' measures. agreement. February 25, 2008 n The Rompetrol Group N.V. v. Romania The Respondent files a reply on provisional measures. (Case No. ARB/06/3) February 29, 2008 The Claimant files a request for provisional measures. April 18, 2008 The Tribunal issues a decision on jurisdiction and April 28 ­ 29, 2008 admissibility. The Tribunal holds a hearing on the parties' various requests in Washington, D.C. n Vestey Group Ltd. v. Bolivarian Republic of Venezuela (Case No. ARB/06/4) May 1, 2008 The Tribunal issues a summary decision on preliminary March 21, 2008 issues. The Claimant reiterates its request for the further suspension of the proceeding. The Respondent is invited June 23, 2008 again to file observations on the Claimant's request. The Tribunal issues a detailed decision on preliminary issues. April 9, 2008 In the absence of observations from the Respondent June 24, 2008 on the Claimant's request, the proceeding is deemed The Respondent files objections to jurisdiction and further suspended. admissibility. continued on next page4 15 n Branimir Mensik v. Slovak Republic n Aguaytia Energy, LLC v. Republic of Peru (Case No. ARB/06/9) (Case No. ARB/06/13) There have been no new developments to report for February 29, 2008 this case since the last issue of News from ICSID. The Respondent files a counter-memorial on the merits. n Chevron Block Twelve and Chevron Blocks Thirteen April 22, 2008 and Fourteen v. People's Republic of Bangladesh The Claimant files a reply on the merits. (Case No. ARB/06/10) June 16, 2008 January 10, 2008 The Respondent files a rejoinder on the merits. The Claimants file a memorial on the merits. n Azpetrol International Holdings B.V., Azpetrol March 11, 2008 Group B.V. and Azpetrol Oil Services Group B.V. v. The Respondent files a counter-memorial on the merits. Republic of Azerbaijan (Case No. ARB/06/15) April 24, 2008 January 16, 2008 The Claimants file a reply on the merits. The Respondent files a request for production of documents. n Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic February 1, 2008 of Ecuador (Case No. ARB/06/11) The Tribunal is reconstituted. Its members are: Florentino P. Feliciano (Philippine), President; Charles N. Brower March 7, 2008 (U.S.); and Christopher J. Greenwood (British). The Respondent files a memorial on jurisdiction. February 4, 2008 April 4, 2008 The Claimants file observations on the Respondent's The Claimants file a counter-memorial on jurisdiction. request for production of documents and produce certain documents. April 23, 2008 The Respondent files a reply on jurisdiction. February 14, 2008 The Respondent files a reply on production of documents. May 9, 2008 The Respondent files a request for production of February 25, 2008 documents. The Claimants file a rejoinder on the Respondent's request for production of documents. May 12, 2008 The Claimants file a rejoinder on jurisdiction. February 26, 2008 The Tribunal issues a procedural order concerning the May 22 ­ 23, 2008 Respondent's request for production of documents. The Tribunal holds a hearing on jurisdiction in Paris. March 10, 2008 June 16, 2008 The Respondent files a reply on jurisdiction and The Respondent files a counter-memorial on liability admissibility. and a counter-claim. June 2, 2008 n Scancem International ANS v. Republic of Congo The Claimants file a rejoinder on jurisdiction and (Case No. ARB/06/12) admissibility. March 6, 2008 June 6, 2008 The Claimant requests the discontinuance of the The Tribunal holds a pre-hearing conference with the proceeding pursuant to ICSID Arbitration Rule 44. parties by telephone. March 28, 2008 June 16, 2008 The Acting Secretary-General issues an order inviting The Tribunal issues a procedural order concerning the the Respondent to state whether it opposes the hearing on jurisdiction and admissibility. Claimant's request for the discontinuance of the proceeding. June 30 ­ July 1, 2008 The Tribunal holds a hearing on jurisdiction and admissibility in London. 16 n Barmek Holding A.S. v. Republic of Azerbaijan April 7, 2008 (Case No. ARB/06/16) The Respondent files a rejoinder to the further request for provisional measures. There have been no new developments to report for this case since the last issue of News from ICSID. April 16, 2008 The Claimant files a memorial on jurisdiction and liability. n Técnicas Reunidas, S.A. and Eurocontrol, S.A. v. Republic of Ecuador (Case No. ARB/06/17) May 9, 2008 The Respondent files an application renewing its prior April 4, 2008 requests for production of documents and provisional The Claimants request the discontinuance of the measures. proceeding pursuant to ICSID Arbitration Rule 44. May 22, 2008 April 29, 2008 The Claimant files an application renewing its prior The Acting Secretary-General issues an order inviting the request for provisional measures. Respondent to state whether it opposes the Claimants' request for the discontinuance of the proceeding. May 26, 2008 The Tribunal holds a hearing on the parties' renewed May 8, 2008 applications in Paris. The Respondent informs the Centre that it does not object to the Claimants' request for the discontinuance May 29, 2008 of the proceeding. The Tribunal issues a procedural order concerning the parties' renewed applications. May 13, 2008 The Acting Secretary-General issues an order taking June 5, 2008 note of the discontinuance of the proceeding pursuant The Claimant files observations on the Respondent's to ICSID Arbitration Rule 44. request for production of documents. n Cementownia "Nowa Huta" S.A. v. Republic of June 9, 2008 Turkey (Case No. ARB(AF)/06/2) The Respondent files comments on the Claimant's observations. January 10, 2008 The Respondent files observations on the Claimant's June 12, 2008 request for provisional measures. The Claimant files a response to the Respondent's comments. January 21, 2008 The Claimant files a reply to the Respondent's June 16, 2008 observations on provisional measures. The Tribunal issues a procedural order concerning the production of documents. January 24, 2008 The Respondent files a rejoinder to the Claimant's n Joseph C. Lemire v. Ukraine (Case No. ARB/06/18) reply on provisional measures. February 25, 2008 January 25, 2008 The Respondent files a memorial on jurisdiction. The Tribunal issues a procedural order concerning the parties' respective requests for provisional measures. February 26, 2008 The Respondent files a counter-memorial on the merits. March 13, 2008 The Claimant files a further request for provisional March 26, 2008 measures. The parties file requests for production of documents. March 20, 2008 April 18, 2008 The Respondent files observations on the Claimant's Each party files a response to the other party's request further requests for provisional measures. for production of documents. April 1, 2008 May 13, 2008 The Claimant files a reply on the further request for The Tribunal issues a procedural order concerning the provisional measures. production of documents. continued on next page4 17 n Nations Energy, Inc. and others v. Republic of April 17, 2008 Panama (Case No. ARB/06/19) The Respondent files a reply to its request regarding quantum. April 14, 2008 The Tribunal holds a first session in Washington, D.C. April 18, 2008 The Claimant files a rejoinder to the Respondent's n City Oriente Limited v. Republic of Ecuador and request regarding quantum. Empresa Estatal Petróleos del Ecuador (Petroecuador) (Case No. ARB/06/21) May 2, 2008 The Tribunal issues a procedural order regarding February 1, 2008 quantum. The Respondents file an application for the revocation of the decision on provisional measures. n RSM Production Corporation v. Central African Republic (Case No. ARB/07/2) February 22, 2008 The Claimant files a response to the Respondents' May 20, 2008 application. The Tribunal is constituted. Its members are: Azzedine Kettani (Moroccan), President; Philippe Merle (French); March 3, 2008 and Brigitte Stern (French). The parties file submissions on the place of the arbitration, the apportionment of costs and advance payments to the Centre. n Government of the Province of East Kalimantan v. PT Kaltim Prima Coal and others (Case No. ARB/07/3) April 14, 2008 The Claimant files a memorial on the merits. January 17, 2008 The Claimant files a rejoinder on jurisdiction. May 13, 2008 The Tribunal issues a decision on revocation of February 11 and 22, 2008 provisional measures and other procedural matters. The Tribunal issues procedural orders concerning the organization of the hearing on jurisdiction. n Piero Foresti, Laura De Carli and others v. Republic February 27 ­ 28, 2008 of South Africa (Case No. ARB(AF)/07/1) The Tribunal holds a hearing on jurisdiction in Singapore. There have been no new developments to report for April 10, 2008 this case since the last issue of News from ICSID. The parties file post-hearing briefs on jurisdiction. n Fondel Metal Participations B.V. v. Republic of April 24, 2008 Azerbaijan (Case No. ARB/07/1) The parties file submissions on costs. February 13, 2008 n Eni Dación B.V. v. Bolivarian Republic of Venezuela The Claimant files a request for production of documents. (Case No. ARB/07/4) February 21, 2008 April 4, 2008 The Respondent files a response to the Claimant's The Claimant requests the discontinuance of the request for production of documents. proceeding pursuant to ICSID Arbitration Rule 44. March 19 and 28, 2008 April 16, 2008 The Respondent produces documents. The Acting Secretary-General issues an order inviting the Respondent to state whether it opposes the Claimant's April 4, 2008 request for the discontinuance of the proceeding. The Claimant withdraws its request for production of documents. The Respondent files an application April 17, 2008 regarding quantum. The Respondent informs the Centre that it does not object to the Claimant's request for the discontinuance April 14, 2008 of the proceeding. The Claimant files a response to the Respondent's application regarding quantum. April 18, 2008 The Acting Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44. 18 n Giovanna a Beccara and others v. Argentine January 22, 2008 Republic (Case No. ARB/07/5) The Tribunal issues a procedural order concerning the parties' respective requests for provisional measures. February 6, 2008 The Tribunal is constituted. Its members are: Robert March 13, 2008 Briner (Swiss), President; Georges Abi-Saab The Claimant files a further request for provisional (Egyptian); and Albert Jan van den Berg (Dutch). measures. April 10, 2008 March 20, 2008 The Tribunal holds a first session in Washington, D.C. The Respondent files observations on the Claimant's further request for provisional measures. May 2, 2008 The parties file submissions on the scope of the April 2, 2008 jurisdictional phase, as instructed by the Tribunal. The Claimant files a reply on provisional measures. May 9, 2008 April 9, 2008 The Tribunal issues a decision on the scope of the The Respondent files a rejoinder on the Claimant's jurisdictional phase. further request for provisional measures. n Tza Yap Shum v. Republic of Peru May 15, 2008 (Case No. ARB/07/6) The Claimant files a memorial on jurisdiction and admissibility. February 14 ­ 22, 2008 The parties file further observations on the production May 22, 2008 of documents. The parties file applications renewing their requests for provisional measures and document production. February 25, 2008 The Tribunal issues a further procedural order May 25, 2008 concerning the production of documents. The Tribunal holds a hearing in Paris on the parties' renewed applications. March 24, 2008 The parties file further requests for production of May 29, 2008 documents. The Tribunal issues a procedural order concerning the Respondent's renewed applications. March 28, 2008 The Respondent files a memorial on jurisdiction. June 5, 2008 The Tribunal issues a procedural order concerning the May 12, 2008 Claimant's renewed applications. The Tribunal issues a further procedural order concerning the production of documents. June 23, 2008 The Claimant files observations on the Respondent's n Global Gold Mining LLC v. Republic of Armenia request for production of documents. (Case No. ARB/07/7) June 30, 2008 March 4, 2008 The Respondent files a reply to the Claimant's The parties request the Secretary-General to discontinue observations. the proceeding if by May 2, 2008 neither party has notified the Secretary-General of an alleged breach of n Alasdair Ross Anderson and others v. Republic of a confidential agreement between the parties. Costa Rica (Case No. ARB(AF)/07/3) May 9, 2008 May 2, 2008 The Acting Secretary-General issues an order taking The Tribunal is constituted. Its members are: Sandra note of the discontinuance of the proceeding pursuant Morelli Rico (Colombian), President; Jeswald W. to ICSID Arbitration Rule 43(1). Salacuse (U.S.); and Raúl E. Vinuesa (Argentine). n Europe Cement Investment and Trade S.A. v. June 27, 2008 Republic of Turkey (Case No. ARB(AF)/07/2) The Tribunal holds a first session in Washington, D.C. January 10, 2008 The Respondent files observations on the Claimant's request for provisional measures. continued on next page4 19 n Giovanni Alemanni and others v. Argentine April 2, 2008 Republic (Case No. ARB/07/8) The Tribunal holds a first session in London. There have been no new developments to report for May 19, 2008 this case since the last issue of News from ICSID. The Claimants file a memorial on the merits. n Bureau Veritas, Inspection, Valuation, Assessment n Ron Fuchs v. Georgia (Case No. ARB/07/15) and Control, BIVAC B.V. v. Republic of Paraguay (Case No. ARB/07/9) January 16, 2008 The Tribunal is reconstituted. Its members are: L. Yves March 10, 2008 Fortier (Canadian), President; Francisco Orrego The Tribunal is constituted. Its members are: Rolf Vicuña (Chilean); and Vaughan Lowe (British). Knieper (German), President; L. Yves Fortier (Canadian); and Philippe Sands (British). January 28, 2008 The Claimant files a memorial on the merits. April 8, 2008 The Respondent files objections to jurisdiction. June 6, 2008 The Respondent files a counter-memorial on the merits. April 14, 2008 The Claimant files observations on the Respondent's n Alpha Projektholding GmbH v. Ukraine objections to jurisdiction. (Case No. ARB/07/16) May 20, 2008 February 8, 2008 The Tribunal holds a first session in Washington, D.C. The Tribunal is constituted. Its members are: Davis R. Robinson (U.S.), President; Yoram A. Turbowicz n Meerapfel Söhne AG v. Central African Republic (Israeli); and Stanimir A. Alexandrov (Bulgarian). (Case No. ARB/07/10) April 1, 2008 February 14, 2008 The Tribunal holds a first session in Washington, D.C. The Tribunal holds a first session in Paris. May 22, 2008 June 28, 2008 The Claimant files a request for production of documents. The Claimant files a memorial on the merits. May 30, 2008 n Toto Costruzioni Generali S.p.A. v. Republic of The Claimant supplements its request for production of Lebanon (Case No. ARB/07/12) documents. February 29, 2008 May 23 ­ June 2, 2008 The Respondent files a memorial on jurisdiction. The parties file observations on the production of documents. April 30, 2008 The Claimant files a counter-memorial on jurisdiction. June 5, 2008 The Tribunal issues a procedural order concerning the June 30, 2008 production of documents. The Respondent files a reply on jurisdiction. n Impregilo S.p.A. v. Argentine Republic n S&T Oil Equipment & Machinery v. Romania (Case (Case No. ARB/07/17) No. ARB/07/13) May 27, 2008 June 18, 2008 The Tribunal is constituted. Its members are: Hans The Claimant files a memorial on the merits. Danelius (Swedish), President; Charles N. Brower (U.S.); and Brigitte Stern (French). n Liman Caspian Oil BV and NCL Dutch Investment BV v. Republic of Kazakhstan (Case No. ARB/07/14) n Shell Nigeria Ultra Deep Limited v. Federal Republic of Nigeria (Case No. ARB/07/18) January 24, 2008 The Tribunal is constituted. Its members are: Karl-Heinz There have been no new developments to report for Böckstiegel (German), President; Kaj Hobér (Swedish); this case since the last issue of News from ICSID. and James R. Crawford (Australian). 20 n Shareholders of SESAM v. Central African Republic March 21, 2008 (Case No. CONC/07/1) The Respondent files observations on the proposal for disqualification. February 4, 2008 The Commission is constituted. Its members are: April 26, 2008 Emmanuel Gaillard (French), President; Pierre Mayer The proposal for the disqualification of an arbitrator is (French); and Antoine Grothe (Central African). declined; the proceeding is resumed. March 19, 2008 June 20, 2008 The Commission holds a first session in Paris. The Claimant files a request for provisional measures. March 26, 2008 June 24, 2008 The Respondent files objections to jurisdiction. The Respondent files a request for provisional measures. The Respondent files objections to jurisdiction, April 4, 2008 accompanied by a request for the Tribunal to deal with The Claimants file observations in response to the objections to jurisdiction as a preliminary question. objections to jurisdiction. June 26, 2008 April 11, 2008 The Tribunal holds a first session in Paris. The Claimants file a request for recourse to arbitration. April 25, 2008 n Pantechniki S.A. Contractors & Engineers v. The Respondent files observations in response to the Republic of Albania (Case No. ARB/07/21) Claimants' request for recourse to arbitration. February 15, 2008 May 14, 2008 The Tribunal holds a first session in Paris. The Commission notes that there is no likelihood of agreement between the parties. March 31, 2008 The Claimant files a memorial on the merits. n Electrabel S.A. v. Republic of Hungary May 2, 2008 (Case No. ARB/07/19) The Respondent files preliminary objections to jurisdiction. January 8, 2008 The Claimant files comments on the proposal for May 9, 2008 disqualification. The Claimant files observations on the Respondent's preliminary objections to jurisdiction. January 14, 2008 The Respondent files further observations on the May 29, 2008 proposal for disqualification. The Tribunal issues a decision joining objections to jurisdiction to the merits. February 25, 2008 The proposal for disqualification of an arbitrator is declined; the proceeding is resumed. n AES Summit Generation Limited and AES-Tisza Erömü Kft. v. Republic of Hungary May 15, 2008 (Case No. ARB/07/22) The Tribunal holds a first session in London. January 9, 2008 The Tribunal holds a first session in London. n Saba Fakes v. Republic of Turkey (Case No. ARB/07/20) March 7, 2008 The Claimants file a memorial on the merits. March 4, 2008 The Tribunal is constituted. Its members are: Emmanuel April 17, 2008 Gaillard (French), President; Hans van Houtte The Respondent files a request for production of (Belgian); and Laurent Lévy (Swiss/Brazilian). documents. March 14, 2008 April 18, 2008 The Claimant files a proposal for the disqualification The Claimants file observations on the Respondent's of an arbitrator; the proceeding is suspended. request for production of documents. continued on next page4 21 April 21, 2008 February 25, 2008 The Respondent files a response to the Claimants' The Respondent files an objection that the claim is observations. manifestly without legal merit. May 6, 2008 March 21, 2008 The Tribunal issues a procedural order concerning the The Claimant files a response to the Respondent's production of documents. objection. May 19, 2008 April 4, 2008 The Respondent files a further request for production The Respondent files a reply to the Claimant's response. of documents. April 18, 2008 May 21, 2008 The Claimant files a rejoinder to the Respondent's reply. The Claimants file observations on the further request for production of documents. April 22, 2008 The Tribunal holds a first session in Washington, D.C. May 22, 2008 The Respondent files a response to the Claimants' May 12, 2008 observations. The Tribunal issues a decision on the Respondent's objection of February 25, 2008. June 9, 2008 The Tribunal issues a further procedural order concerning the further request for production of documents. n Urbaser S.A. and Consorcio de Aguas Bilbao Biskaia, Bilbao Biskaia Ur Partzuergoa v. Argentine Republic (Case No. ARB/07/26) n Railroad Development Corporation v. Republic of Guatemala (Case No. ARB/07/23) There have been no new developments to report for this case since the last issue of News from ICSID. April 14, 2008 The Tribunal is constituted. Its members are: Andrés Rigo Sureda (Spanish), President; Stuart E. Eizenstat n Mobil Corporation and others v. Bolivarian Republic of Venezuela (Case No. ARB/07/27) (U.S.); and James R. Crawford (Australian). There have been no new developments to report for May 29, 2008 this case since the last issue of News from ICSID. The Respondent files preliminary objections to jurisdiction and the merits. n E.T.I. Euro Telecom International N.V. v. Republic of June 13, 2008 Bolivia (Case No. ARB/07/28) The Tribunal holds a first session in Washington, D.C. There have been no new developments to report for n Gustav F W Hamester GmbH & Co. KG v. Republic this case since the last issue of News from ICSID. of Ghana (Case No. ARB/07/24) n Société Générale de Surveillance S.A. v. Republic February 4, 2008 of Paraguay (Case No. ARB/07/29) The Tribunal is constituted. Its members are: Brigitte Stern (French), President; Bernardo M. Cremades May 27, 2008 (Spanish); and Toby Landau (British). The Tribunal is constituted. Its members are: Stanimir A. Alexandrov (Bulgarian), President; Donald Donovan April 2, 2008 (U.S.); and Pablo García Mexía (Spanish). The Tribunal holds a first session in London. June 30, 2008 n Trans-Global Petroleum, Inc. v. Hashemite The Tribunal holds a first session in Washington, D.C. Kingdom of Jordan (Case No. ARB/07/25) n ConocoPhillips Company and others v. Bolivarian January 24, 2008 Republic of Venezuela (Case No. ARB/07/30) The Tribunal is constituted. Its members are: V.V. Veeder (British), President; Donald M. McRae There have been no new developments to report for (Canadian); and James R. Crawford (Australian). this case since the last issue of News from ICSID. 22 n HOCHTIEF Aktiengesellschaft v. Argentine Republic n Brandes Investment Partners, LP v. Bolivarian (Case No. ARB/07/31) Republic of Venezuela (Case No. ARB/08/3) There have been no new developments to report for March 24, 2008 this case since the last issue of News from ICSID. The Secretary-General registers a request for the institution of arbitration proceedings. n Astaldi S.p.A. v. Republic of Honduras (Case No. ARB/07/32) n Murphy Exploration and Production Company International v. Republic of Ecuador April 11, 2008 (Case No. ARB/08/4) The Tribunal is constituted. The Sole Arbitrator is Eduardo Sancho González (Costa Rican). April 15, 2008 The Acting Secretary-General registers a request for June 9, 2008 the institution of arbitration proceedings. The Tribunal holds a first session in Tegucigalpa. n Burlington Resources Inc. and others v. Republic of n Mobil Investments Canada Inc. and Murphy Oil Ecuador and Empresa Estatal Petróleos del Corporation v. Canada (Case No. ARB(AF)/07/4) Ecuador (Petroecuador) (Case No. ARB/08/5) There have been no new developments to report for June 2, 2008 this case since the last issue of News from ICSID. The Acting Secretary-General registers a request for the institution of arbitration proceedings. n Marion Unglaube v. Republic of Costa Rica (Case No. ARB/08/1) n Perenco Ecuador Limited v. Republic of Ecuador and Empresa Estatal Petróleos del Ecuador January 25, 2008 (Petroecuador) (Case No. ARB/08/6) The Acting Secretary-General registers a request for the institution of arbitration proceedings. June 4, 2008 The Acting Secretary-General registers a request for June 12, 2008 the institution of arbitration proceedings. The Tribunal is constituted. Its members are: Judd L. Kessler (U.S.), President; Franklin Berman (British); and n Itera International Energy LLC and Itera Group NV Bernardo M. Cremades (Spanish). v. Georgia (Case No. ARB/08/7) n ATA Construction, Industrial and Trading June 5, 2008 Company v. Hashemite Kingdom of Jordan The Acting Secretary-General registers a request for (Case No. ARB/08/2) the institution of arbitration proceedings. February 28, 2008 n Inmaris Perestroika Sailing Maritime Services The Acting Secretary-General registers a request for GmbH and others v. Ukraine (Case No. ARB/08/8) the institution of arbitration proceedings. June 16, 2008 June 12, 2008 The Acting Secretary-General registers a request for The Tribunal is constituted. Its members are: L. Yves the institution of arbitration proceedings. Fortier (Canadian), President; Ahmed S. El-Kosheri (Egyptian); and W. Michael Reisman (U.S.). n Quadrant Pacific Growth Fund L.P. and Canasco Holdings v. Republic of Costa Rica (Case No. ARB(AF)/08/1) March 21, 2008 The Acting Secretary-General registers a request for the institution of arbitration proceedings. 23 BiBliography Belling, Jan-Frederik, Die Jurisdiktion rationae materiae der Letelier Astorga, Ricardo, The Nationality of Juridical ICSID-Schiedsgerichte unter besonderer Berücksichtigung Persons in the ICSID Convention in Light of its Jurisprudence, des Investitionsbegriffes des Weltbankübereinkommens 11 Max Planck Yearbook of United Nations Law 417 vom 18.03.1965 (2008). (2007). 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