Case Details
Strabag SE v. Libya (ICSID Case No. ARB(AF)/15/1)
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Infrastructure construction projects
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Construction
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BIT Libya - Austria 2002
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ICSID Additional Facility - Arbitration Rules
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Strabag SE (Austrian)
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Libya (Libyan)
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July 20, 2015
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December 7, 2015
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John R. CROOK (U.S.) - Appointed by the Secretary-General
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Antonio CRIVELLARO (Italian) - Appointed by the Claimant(s)
Nassib G. ZIADÉ (Chilean, Lebanese) - Appointed by the Respondent(s) -
Latham & Watkins, London, U.K.
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Curtis, Mallet-Prevost, Colt & Mosle, New York, U.S.A.
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English
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Concluded
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June 29, 2020 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Nassib G. Ziadé.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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July 20, 2015 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 24, 2015 | Following appointment by the Claimant, Antonio Crivellaro (Italian) accepts his appointment as arbitrator. |
November 5, 2015 | Following appointment by the Respondent, Nassib G. Ziadé (Lebanese/Chilean) accepts his appointment as arbitrator. |
December 7, 2015 | Following appointment by the Secretary-General pursuant to the parties’ agreement, John Crook (U.S.) accepts his appointment as presiding arbitrator. |
December 7, 2015 | The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: John Crook (U.S.), President, appointed by the Secretary-General pursuant to the parties’ agreement; Antonio Crivellaro (Italian), appointed by the Claimant; and Nassib G. Ziadé (Lebanese/Chilean), appointed by the Respondent. |
February 3, 2016 | The Tribunal holds a first session by video conference. |
March 10, 2016 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
April 8, 2016 | The Tribunal issues Procedural Order No. 2 concerning the place of arbitration. |
July 6, 2016 | The Claimant files a memorial on the merits. |
July 29, 2016 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
August 22, 2016 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
September 8, 2016 | 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. |
October 4, 2016 | The Tribunal issues Procedural Order No. 4 concerning the procedural calendar. |
March 9, 2017 | The Respondent files a memorial on jurisdiction and a counter-memorial on the merits. |
May 3, 2017 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
May 17, 2017 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
June 29, 2017 | The Claimant files various requests relating to the Respondent’s compliance with Procedural Order No. 5. |
July 11, 2017 | The Respondent files observations on the Claimant’s requests of June 29, 2017. |
July 13, 2017 | The Claimant withdraws its requests of June 29, 2017. |
September 9, 2017 | The Claimant files a counter-memorial on jurisdiction and a reply on the merits. |
October 13, 2017 | The Claimant files a request for provisional measures. |
October 16, 2017 | The Respondent files observations on the Claimant’s request for provisional measures. |
October 20, 2017 | The Claimant files a response to the Respondent’s observations of October 16, 2017. |
October 22, 2017 | The Respondent files further observations on the Claimant’s request for provisional measures. |
October 31, 2017 | The Tribunal decides the Claimant’s request for provisional measures. |
January 16, 2018 | The Respondent files a reply on jurisdiction and a rejoinder on the merits. |
March 15, 2018 | The Claimant files a rejoinder on jurisdiction. |
April 17, 2018 | The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing. |
May 29, 2018 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
June 15, 2018 | The Tribunal issues Procedural Order No. 7 concerning the further organization of the hearing. |
June 21, 2018 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
June 27, 2018 | The Respondent files observations on the Claimant’s request of June 21, 2018. |
July 2, 2018 | The Tribunal decides on the admissibility of new evidence. |
July 4, 2018 | The Claimant files a request for reconsideration of the Tribunal’s decision of July 2, 2018. |
July 5, 2018 | The Respondent files observations on the Claimant’s request of July 4, 2018. |
July 9, 2018 - July 20, 2018 | The Tribunal holds a hearing on jurisdiction and the merits in Paris. |
October 31, 2018 | The Claimant files a post-hearing brief. |
November 1, 2018 | The Respondent files a post-hearing brief. |
September 3, 2019 | Each party files a submission on costs. |
September 19, 2019 | Each party files observations on the other party’s submission on costs. |
June 2, 2020 | The Tribunal declares the proceeding closed in accordance with Article 44(1) of the ICSID (Arbitration) Additional Facility Rules. |
June 29, 2020 | The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Nassib G. Ziadé. |