Case Details

Oded Besserglik v. Republic of Mozambique (ICSID Case No. ARB(AF)/14/2)

Subject of Dispute:

Joint fishing operation
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

BIT Mozambique - South Africa 1997 - Investment Law - Mozambique (1993)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Oded Besserglik (South African)
Respondent(s):

Republic of Mozambique (Mozambican)
Date Registered:

July 3, 2014
Date of Constitution of Tribunal:

January 26, 2015

Composition of Tribunal

President:

Makhdoom Ali KHAN (Pakistani) - Appointed by the Chairman of the Administrative Council
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Claus VON WOBESER (German, Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Arent Fox, Washington, D.C., U.S.A.
Respondent(s):

Dorsey & Whitney, Costa Mesa, California, U.S.A.
MACT, Maputo, Mozambique
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 28, 2019 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (December 15, 2015) English (Original)

Procedural Order No. 2 (December 29, 2015) English (Original)

Procedural Order No. 3 (June 16, 2016) English (Original)

Procedural Order No. 4 (June 26, 2016) English (Original)

Procedural Order No. 5 (April 4, 2017) English (Original)

Procedural Order No. 6 (June 19, 2017) English (Original)

Procedural Order No. 7 (July 27, 2017) English (Original)

Procedural Order No. 8 (February 12, 2018) English (Original)

Award of the Tribunal (October 28, 2019) English (Original)

(a) Original Proceeding

Date	Development
July 3, 2014	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
October 15, 2014	Following appointment by the Claimant, L. Yves Fortier (Canadian) accepts his appointment as arbitrator.
December 16, 2014	Following appointment by the Respondent, Claus von Wobeser (Mexican/German) accepts his appointment as arbitrator.
January 26, 2015	Following appointment by the Chairman of the Administrative Council, Makhdoom Ali Khan (Pakistani) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Makhdoom Ali Khan (Pakistani), President, appointed by the Chairman of the Administrative Council in accordance with Article 10 of the ICSID Arbitration (Additional Facility) Rules; L. Yves Fortier (Canadian), appointed by the Claimant; and Claus von Wobeser (Mexican/German), appointed by the Respondent.
March 17, 2015	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d). The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
September 8, 2015	The proceeding is resumed following payment of the required advances.
October 30, 2015	The Tribunal holds a first session by telephone conference.
December 15, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 29, 2015	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
January 8, 2016	The Claimant files a memorial on jurisdiction and liability.
April 22, 2016	The Respondent files a counter-memorial on jurisdiction and liability.
June 16, 2016	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
June 28, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
October 14, 2016	The Claimant files a reply on jurisdiction and liability.
January 23, 2017	The Respondent files a rejoinder on jurisdiction and liability.
January 27, 2017	Each party files a request for the Tribunal to decide on the admissibility of new evidence. The President holds a pre-hearing organizational meeting with the parties by teleconference.
February 3, 2017	Each party files observations on the other party’s request of January 27, 2017.
February 7, 2017	The Respondent files a response to the Claimant’s observations of February 3, 2017.
February 10, 2017	The Claimant files a response to the Respondent’s observations of February 3, 2017.
March 14, 2017	The Tribunal decides on the parties’ requests of January 27, 2017.
April 4, 2017	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
June 19, 2017	The Tribunal issues Procedural Order No. 6 concerning the admissibility of evidence.
June 20, 2017	The Respondent files a further objection to jurisdiction.
June 30, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
July 14, 2017	The Claimant files observations on the Respondent’s further objection to jurisdiction.
July 27, 2017	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
August 3, 2017	The Respondent files a reply on its further objection to jurisdiction.
September 1, 2017	The Claimant files a rejoinder on the Respondent’s further objection to jurisdiction.
September 7, 2017	The Respondent files a request for the exclusion of evidence.
September 15, 2017	The Claimant files observations on the Respondent’s request of September 7, 2017.
February 12, 2018	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
March 15, 2018 - March 16, 2018	The Tribunal holds a hearing on the further objections to jurisdiction in Washington, D.C.
April 20, 2018	The Respondent files a post-hearing brief.
April 20, 2018	The Respondent files a statement of costs.
April 21, 2018	The Claimant files a statement of costs.
April 23, 2018	The Respondent files observations on the Claimant’s statement of costs.
April 23, 2018	The Claimant files a post-hearing brief.
October 28, 2019	The Tribunal renders its award.