Case Details

Piero Foresti, Laura de Carli and others v. Republic of South Africa (ICSID Case No. ARB(AF)/07/1)

Subject of Dispute:

Quarrying and trading enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Belgium-Luxembourg - South Africa 1998
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Daniela Conti (Italian), Franca Conti (Italian), Ida Laura de Carli (Italian), Paola Suardo (Italian), Dora Foresti (Italian), Piero Foresti (Italian), Maria Teresa Suardo (Italian), Finstone s.à.r.l. (Luxembourg)
Respondent(s):

Republic of South Africa (South African)
Date Registered:

January 8, 2007
Date of Constitution of Tribunal:

September 18, 2007

Composition of Tribunal

President:

Vaughan LOWE (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
Joseph M. MATTHEWS (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Elihu Lauterpacht, London, U.K
Guglielmo Verdirame, London, U.K.
Toby Landau, London, U.K.
Webber Wentzel, Johannesburg, South Africa
Respondent(s):

Freshfields Bruckhaus Deringer, Paris, France
Gerrit L. Grobler, Pretoria, South Africa
State Attorney of the Republic of South Africa, Pretoria, South Africa
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 4, 2010 - The Tribunal renders its award; attached to the award is a concurring opinion by one of the arbitrators.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Procedural Order

Available on the ICSID Website

Award of the Tribunal (August 4, 2010) English (Original)

Procedural Order (September 25, 2009) English (Original)

Procedural Order (July 31, 2009) English (Original)

(a) Original Proceeding

Date	Development
January 8, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
September 18, 2007	The Tribunal is constituted. Its members are: Vaughan Lowe (British), President; Charles N. Brower (U.S.); and Joseph Matthews (U.S.).
December 11, 2007	The Tribunal holds a first session in London.
April 23, 2008	The Tribunal fixes new time limits for the schedule of the pleadings.
June 1, 2008	The Tribunal fixes new time limits for the schedule of the pleadings.
July 31, 2008	The Claimants file a memorial on the merits and request the Respondent’s consent to join two additional Claimants.
February 10, 2009	The Tribunal confirms the procedural calendar as agreed by the parties.
March 9, 2009	The Respondent files a request for production of documents.
March 19, 2009	The Claimants file observations on the Respondent's request for production of documents.
March 23, 2009	The Respondent files a response to the Claimants' observations on the request for production of documents.
March 25, 2009	The Claimants produce certain documents. The Respondent files observations on the documents produced by the Claimants.
March 27, 2009	The Respondent files objections to jurisdiction and admissibility and a counter-memorial on the merits. The Claimants file a response to the Respondent's observations of March 25, 2009.
March 28, 2009	Pursuant to the parties' agreement, the proceeding is suspended.
July 13, 2009	Following the Respondent's consent to the Claimants' request of July 31, 2008, the Secretary-General approves access to the Additional Facility for three additional Claimants and notifies the parties and the Tribunal thereof.
July 17, 2009	Non-disputing parties file an application pursuant to Article 41(3) of the ICSID Additional Facility Arbitration Rules.
July 31, 2009	The Tribunal issues a procedural order concerning procedural matters.
August 17, 2009	The parties file observations on the application of the non-disputing parties.
August 20, 2009	An additional non-disputing party files an application pursuant to Article 41(3) of the ICSID Additional Facility Arbitration Rules.
August 21, 2009	The parties file further observations on the application of the non-disputing parties.
September 10, 2009	The parties file observations on the application of the additional non-disputing party.
September 11, 2009	The Tribunal issues a decision concerning the procedural calendar and the applications of the non-disputing parties.
September 25, 2009	The Tribunal issues a further decision concerning the applications of the non-disputing parties.
November 2, 2009	The Claimants request the discontinuance of the proceeding pursuant to Article 50 of the ICSID Additional Facility Arbitration Rules.
November 4, 2009	The Tribunal issues an order inviting the Respondent to state whether it opposes the Claimants’ request for the discontinuance of the proceeding pursuant to Article 50 of the ICSID Additional Facility Arbitration Rules.
November 20, 2009	The Respondent informs the Centre that it objects to the Claimants’ request for the discontinuance of the proceeding and files an application for a default award.
January 26, 2010	The Claimants file a reply to the Respondent's objections to the Claimants' request for discontinuance of the proceeding and to the Respondent's application for default award.
March 31, 2010	The Respondent files a rejoinder on the application for default award. The parties file statements of costs.
April 12, 2010 - April 14, 2010	The Tribunal holds a hearing at The Hague.
June 28, 2010	The parties file updated statements of costs.
July 2, 2010	The Tribunal declares the proceeding closed.
August 4, 2010	The Tribunal renders its award; attached to the award is a concurring opinion by one of the arbitrators.