Case Details

Samsung Engineering Co., Ltd. v. Sultanate of Oman (ICSID Case No. ARB/15/30)

Subject of Dispute:

Refinery improvement project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Korea, Republic of - Oman 2003
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Samsung Engineering Co., Ltd. (Korean)
Respondent(s):

Sultanate of Oman (Omani)
Date Registered:

July 20, 2015
Date of Constitution of Tribunal:

November 4, 2015

Composition of Tribunal

President:

Campbell Alan MC LACHLAN (New Zealand) - Appointed by the Parties
Arbitrators:

Marc LALONDE (Canadian) - Appointed by the Claimant(s)
Veijo HEISKANEN (Finnish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hogan Lovells, Paris, France
Sheppard Mullin Richter & Hampton, Washington, D.C. and San Francisco, CA, U.S.A.
Respondent(s):

Allen & Overy, Dubai, United Arab Emirates and Paris, France
Minister of Justice, Muscat, Sultanate of Oman
Minister of Oil and Gas, Muscat, Sultanate of Oman
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 17, 2018 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
July 20, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
September 16, 2015	Following appointment by the Claimant, Marc Lalonde (Canadian) accepts his appointment as arbitrator.
October 14, 2015	Following appointment by the Respondent, Veijo Heiskanen (Finnish) accepts his appointment as arbitrator.
November 4, 2015	Following appointment by agreement of the Parties, Campbell McLachlan (New Zealand) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Campbell McLachlan (New Zealand), President, appointed by agreement of the parties; Marc Lalonde (Canadian), appointed by the Claimant; and Veijo Heiskanen (Finnish), appointed by the Respondent.
December 14, 2015	The Tribunal holds a first session by telephone conference.
February 4, 2016	The Tribunal holds a hearing on procedural matters by telephone conference.
March 8, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 18, 2016	The Claimant files a memorial on the merits.
June 16, 2016	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
July 14, 2016	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
July 27, 2016	The Respondent files a response to the Claimant’s observations of July 14, 2016.
August 4, 2016	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
October 17, 2016	The Claimant files a request for provisional measures. The Claimant files a request for reconsideration of the Tribunal’s decision of August 4, 2016.
October 19, 2016	The Respondent files a memorial on jurisdiction.
October 28, 2016	The Respondent files observations on the Claimant’s request for reconsideration of October 17, 2016.
November 2, 2016	The Claimant files a response to Respondent’s observations of October 28, 2016.
November 11, 2016	The Respondent files observations on the Claimant’s request for provisional measures.
November 19, 2016	The Claimant files a response to the Respondent’s observations of November 11, 2016.
November 23, 2016	The Respondent files further observations on the Claimant’s response of November 19, 2016.
December 9, 2016	The Tribunal issues a decision on the Claimant’s requests of October 17, 2016.
January 17, 2017	The Claimant files a counter-memorial on jurisdiction.
March 13, 2017	The Tribunal issues Procedural Order No. 2 concerning the implementation of the decision on provisional measures.
April 13, 2017	The Tribunal issues Procedural Order No. 3 concerning production of documents.
April 20, 2017	The Claimant files a request for reconsideration of the Tribunal’s decision of April 13, 2017.
May 1, 2017	The Respondent files observations on the Claimant’s request of April 20, 2017.
May 16, 2017	The Tribunal issues Procedural Order No. 4 concerning the Claimant’s request of April 20, 2017.
June 19, 2017	The Respondent files a reply on jurisdiction.
September 7, 2017	The Claimant files a rejoinder on jurisdiction.
October 5, 2017	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
October 9, 2017	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
January 17, 2018	The Tribunal renders its award.