Case Details

PowerChina HuaDong Engineering Corporation and China Railway 18th Bureau Group Company Ltd v. Socialist Republic of Viet Nam (ICSID Case No. ADM/23/1)

Subject of Dispute:

Construction project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Vietnam - China 1992
Applicable Rules:

Ad Hoc

(a) Original Proceeding

Claimant(s)/Nationality(ies):

PowerChina HuaDong Engineering Corporation (Chinese), China Railway 18th Bureau Group Company Ltd (Chinese)
Respondent(s):

Socialist Republic of Viet Nam (Vietnamese)
Date Registered:

February 1, 2023
Date of Constitution of Tribunal:

April 26, 2023

Composition of Tribunal

President:

Jean Engelmayer KALICKI (U.S.) - Appointed by Co-Arbitrators
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Toby Landau, Singapore
Chester Brown, Sydney, Australia
Rachel Low, Singapore
Fenwick Elliott, London, U.K.
Respondent(s):

Ministry of Justice, Hà Nội City, Vietnam
Ministry of Foreign Affairs, Hà Nội City, Vietnam
Peter & Kim, Geneva, Switzerland, Seoul, South Korea, Singapore and Sydney, Australia
IDVN Lawyers, Hà Nội City, Vietnam
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

December 6, 2024 - Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.

No References Available.

(a) Original Proceeding

Date	Development
February 5, 2023	Following appointment by the Claimants, John Beechey (British) accepts his appointment as arbitrator.
February 5, 2023	Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator.
April 24, 2023	Following appointment by her co-arbitrators pursuant to the parties’ agreement, Jean E. Kalicki (U.S.) accepts her appointment as presiding arbitrator.
April 26, 2023	The Tribunal is constituted in accordance with ICSID Additional Facility Rule 29. Its members are: Jean E. Kalicki (U.S.), President, appointed by her co-arbitrators pursuant to the parties’ agreement; John Beechey (British), appointed by the Claimants; and Rolf Knieper (German), appointed by the Respondent.
August 15, 2023	The Tribunal holds a first session by video conference.
August 28, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 28, 2023	The Tribunal issues Procedural Order No. 2 concerning confidentiality.
December 8, 2023	The Claimants file a memorial on the merits.
January 31, 2024	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to Rule 54 of the Arbitration (Additional Facility) Rules.
March 15, 2024	The Claimants files observations on the request to address the objections to jurisdiction as a preliminary question.
April 15, 2024	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
September 27, 2024	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
December 6, 2024	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.