Piero Foresti, Laura de Carli and others v. Republic of South Africa (ICSID Case No. ARB(AF)/07/1)
Quarrying and trading enterprise
Oil, Gas & Mining
BIT Belgium-Luxembourg - South Africa 1998
ICSID Additional Facility - Arbitration Rules
Daniela Contri (Italian), Dora Foresti (Italian), Finstone s.à.r.l. (Luxembourg), Franca Contri (Italian), Ida Laura de Carli (Italian), Maria Teresa Suardo (Italian), Paola Suardo (Italian), Piero Foresti (Italian)
Republic of South Africa (South African)
January 8, 2007
September 18, 2007
Vaughan LOWE (British) - Appointed by the Chairman of the Administrative Council
Elihu Lauterpacht, London, U.K
Guglielmo Verdirame, London, U.K.
Toby Landau, London, U.K.
Webber Wentzel, Johannesburg, South Africa
Freshfields Bruckhaus Deringer, Paris, France
Gerrit L. Grobler, Pretoria, South Africa
State Attorney of the Republic of South Africa, Pretoria, South Africa
August 4, 2010 - The Tribunal renders its award; attached to the award is a concurring opinion by one of the arbitrators.
(a) Original Proceeding
Composition of Tribunal
(a) Original Proceeding
Award of the Tribunal
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
|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.|