Case Details

Churchill Mining Plc and Planet Mining Pty Ltd, formerly ARB/12/40 v. Republic of Indonesia (ICSID Case No. ARB/12/40 and 12/14)

Subject of Dispute:

Coal mining project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Australia - Indonesia 1992, BIT Indonesia - United Kingdom of Great Britain and Northern Ireland 1976
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Churchill Mining Plc (British), Planet Mining Pty Ltd (Australian)
Respondent(s):

Republic of Indonesia (Indonesian)
Date Registered:

December 26, 2012
Date of Constitution of Tribunal:

January 22, 2013

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Michael HWANG (Singaporean) - Appointed by the Parties
Albert Jan VAN DEN BERG (Dutch) - Appointed by the Parties

Party Representatives

Claimant(s):

Clifford Chance, Perth, Australia, Hong Kong SAR, China, Singapore, Singapore, and London, U.K.
Respondent(s):

Armand Yapsunto Muharamsyah & Partners (AYMP), Jakarta, Indonesia
Curtis, Mallet-Prevost, Colt & Mosle, Washington, D.C., U.S.A.
Minister of Law and Human Rights, Jakarta, Indonesia
Didi Dermawan, Jakarta, Indonesia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 6, 2016 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

April 11, 2017 (Claimant(s))
Date of Constitution of ad hoc Committee:

May 15, 2017

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Dominique HASCHER (French)
Members:

Karl-Heinz BÖCKSTIEGEL (German)
Jean Engelmayer KALICKI (U.S.)

Party Representatives

Claimant(s):

Clifford Chance, Perth, Australia, London, U.K., Hong Kong, and Washington, D.C., U.S.A.
Respondent(s):

Curtis, Mallet-Prevost, Colt & MosIe, Washington, D.C., U.S.A.
Hendra Soenardi Law Firm, Jakarta, Indonesia
Ministry of Law and Human Rights, Jakarta, Indonesia
Armand Yapsunto Muharamsyah & Partners, Jakarta, Indonesia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 18, 2019 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Procedural Order No. 4

Procedural Order No. 5

Annex A to Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Decision on Jurisdiction

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 13

Procedural Order No. 14

Procedural Order No. 15

Procedural Order No. 16

Annex A to Procedural Order No. 16

Annex B to Procedural Order No. 16

Annex C to Procedural Order No. 16

Procedural Order No. 17

Annex A to Procedural Order No. 17

Procedural Order No. 18

Annex A to Procedural Order No. 18

Procedural Order No. 19

Procedural Order No. 20

Award

Available on the ICSID Website

Procedural Order No. 4 (March 18, 2013) English (Original)

Procedural Order No. 5 (March 19, 2013) English (Original)

Annex A to Procedural Order No. 5 (March 19, 2013) English (Original)

Procedural Order No. 6 (May 8, 2013) English (Original)

Procedural Order No. 7 (May 28, 2013) English (Original)

Decision on Jurisdiction (February 24, 2014) English (Original)

Procedural Order No. 8 (April 22, 2014) English (Original)

Procedural Order No. 9 (July 8, 2014) English (Original)

Procedural Order No. 10 (July 22, 2014) English (Original)

Procedural Order No. 11 (August 21, 2014) English (Original)

Procedural Order No. 12 (October 27, 2014) English (Original)

Procedural Order No. 13 (November 18, 2014) English (Original)

Procedural Order No. 14 (December 22, 2014) English (Original)

Procedural Order No. 15 (January 12, 2015) English (Original)

Procedural Order No. 16 (April 6, 2015) English (Original)

Annex A to Procedural Order No. 16 (April 6, 2015) English (Original)

Annex B to Procedural Order No. 16 (April 6, 2015) English (Original)

Annex C to Procedural Order No. 16 (April 6, 2015) English (Original)

Procedural Order No. 17 (June 2, 2015) English (Original)

Annex A to Procedural Order No. 17 (June 2, 2015) English (Original)

Procedural Order No. 18 (July 6, 2015) English (Original)

Annex A to Procedural Order No. 18 (July 6, 2015) English (Original)

Procedural Order No. 19 (July 20, 2015) English (Original)

Procedural Order No. 20 (August 20, 2015) English (Original)

Award (December 6, 2016) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Request for Continued Stay of the Enforcement of the Award

Procedural Order No. 1

Procedural Order No. 2

Decision on the Application to Terminate the Stay

Decision on Annulment

Available on the ICSID Website

Decision on the Request for Continued Stay of the Enforcement of the Award (June 27, 2017) English (Original)

Procedural Order No. 1 (July 14, 2017) English (Original)

Procedural Order No. 2 (June 19, 2018) English (Original)

Decision on the Application to Terminate the Stay (March 18, 2019) English (Original)

Decision on Annulment (March 18, 2019) English (Original)

(a) Original Proceeding

Date	Development
December 26, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
January 16, 2013	Following joint appointment by the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
January 18, 2013	Following joint appointment by the parties, Michael Hwang (Singaporean) accepts his appointment as arbitrator.
January 22, 2013	Following joint appointment by the parties, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
January 22, 2013	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, Michael Hwang (Singaporean), and Albert Jan van den Berg (Dutch); all members jointly appointed by the parties.
March 1, 2013	The Tribunal holds a first session by video conference. The Tribunal holds a joint session on procedural matters in ICSID Case No. ARB/12/40 and ICSID Case No. ARB/12/14 by video conference.
March 13, 2013	The Claimants file a memorial on jurisdiction and the merits.
March 14, 2013	The Respondent files a request for the Tribunal to decide on production of documents.
March 18, 2013	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
March 19, 2013	The Tribunal issues Procedural Order No. 5 concerning production of documents.
April 8, 2013	The Respondent files a counter-memorial on jurisdiction.
April 30, 2013	The Claimants file a reply on jurisdiction.
May 6, 2013	The Respondent files a rejoinder on jurisdiction.
May 8, 2013	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing on jurisdiction.
May 9, 2013	The Claimants file a supplemental memorial on the merits.
May 13, 2013 - May 14, 2013	The Tribunal holds a hearing on jurisdiction in Singapore.
May 28, 2013	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
June 11, 2013	Each party files a statement of costs.
July 22, 2013	The Tribunal poses questions to the parties.
August 23, 2013	Each party files answers to the questions posed by the Tribunal on July 22, 2013.
August 30, 2013	Each party files observations on the other party’s answers of August 23, 2013.
February 24, 2014	The Tribunal issues two decisions on jurisdiction.
March 27, 2014	The Claimants file a request for provisional measures.
April 22, 2014	The Tribunal issues Procedural Order No. 8 concerning the procedural calendar.
April 25, 2014	The Respondent files observations on the Claimants' request for provisional measures.
May 12, 2014	The Claimants file a response to the Respondent's observations of April 25, 2014
May 16, 2014	The Respondent files a request for production of original documents for inspection.
May 27, 2014	The Respondent files further observations on the Claimants' response of May 12, 2014.
May 28, 2014	The Claimants file observations on the Respondent's request for production of original documents for inspection.
June 6, 2014	The Respondent files a response to the Claimants' observations of May 28, 2014.
June 18, 2014	The Claimants file a second supplemental memorial on the merits.
June 20, 2014	The Claimants file further observations on the Respondent's response of June 6, 2014 and a request for production of original documents for inspection.
July 8, 2014	The Tribunal issues Procedural Order No. 9 concerning provisional measures.
July 9, 2014	The Respondent files a response to the Claimants' further observations and request of June 20, 2014.
July 22, 2014	The Tribunal issues Procedural Order No. 10 concerning the parties' requests for production of original documents for inspection.
August 21, 2014	The Tribunal issues Procedural Order No. 11 concerning the organization of the document inspection.
August 29, 2014	The parties conduct a document inspection in Singapore.
September 2, 2014	The Claimants file a request for provisional measures.
September 15, 2014	The Respondent files observations on the Claimants' request for provisional measures.
September 25, 2014	The Respondent files an application to dismiss the claims.
September 26, 2014	The Claimants file a response to the Respondent’s observations of September 15, 2014.
October 6, 2014	The Respondent files further observations on the Claimants’ response of September 26, 2014.
October 21, 2014	The Tribunal holds a hearing by telephone conference on provisional measures and on the procedure regarding the Respondent’s application to dismiss the claims.
October 27, 2014	The Tribunal issues Procedural Order No. 12 concerning the procedure regarding the Respondent’s application to dismiss the claims.
November 3, 2014	The Respondent files a request for the Tribunal to reconsider certain aspects of its Procedural Order No. 12.
November 10, 2014	The Claimants file observations on the Respondent’s request of November 3, 2014.
November 18, 2014	The Tribunal issues Procedural Order No. 13 concerning the Respondent’s request of November 3, 2014.
November 23, 2014	The Claimants file a request for the Tribunal to reconsider Procedural Order No. 13.
December 1, 2014	The Respondent files observations on the Claimants’ request of November 23, 2014.
December 8, 2014	The Claimants file a response to the Respondent’s observations of December 1, 2014.
December 12, 2014	The Respondent files further observations on the request of November 23, 2014.
December 22, 2014	The Tribunal issues Procedural Order No. 14 concerning provisional measures.
January 12, 2015	The Tribunal issues Procedural Order No. 15 concerning the Claimants’ request of November 23, 2014.
March 11, 2015	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 13, 2015	The Claimants file a request for the production of other evidence pursuant to Article 43 of the ICSID Convention.
March 18, 2015	The Claimants file observations on the Respondent’s request of March 11, 2015.
March 20, 2015	The Tribunal decides on the admissibility of new evidence.
March 27, 2015	The Respondent files observations on the Claimants’ request of March 13, 2015.
March 30, 2015	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents and production of original documents for inspection.
March 31, 2015	Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents and production of original documents for inspection.
April 3, 2015	The Respondent files further observations on the Claimants’ request of March 13, 2015.
April 6, 2015	The Tribunal issues Procedural Order No. 16 concerning the parties’ requests for the Tribunal to decide on production of documents and production of original documents for inspection, and the organization of the document inspection.
April 8, 2015	The Claimants file a response to the Respondent’s observations of March 27, 2015 and April 3, 2015.
April 10, 2015	The Respondent files further observations on the Claimants’ response of April 8, 2015.
April 16, 2015 - April 17, 2015	The parties conduct a document inspection in Singapore.
April 20, 2015	The Respondent files a request for the Tribunal to decide on confidentiality of documents. The Respondent files a request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16.
April 24, 2015	The Claimants file observations on the Respondent’s requests of April 20, 2015.
April 28, 2015	The Respondent files a response to the Claimants’ observations of April 24, 2015 concerning the confidentiality of documents.
April 30, 2015	The Respondent files a response to the Claimants’ observations of April 24, 2015 concerning its request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16.
May 4, 2015	The Claimants file further observations on the Respondent’s response of April 28, 2015. The parties submit a confidentiality agreement.
May 12, 2015	The Tribunal decides on the Respondent’s request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16.
May 25, 2015	Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
May 29, 2015	The Claimants file observations on the Respondent’s application of September 25, 2014.
May 30, 2015	The Respondent files observations on the document inspection of April 16-17, 2015.
June 2, 2015	The Tribunal issues Procedural Order No. 17 concerning production of documents.
June 12, 2015	The Claimants file observations on the document inspection of April 16-17, 2015.
June 16, 2015	The Respondent files a request for the Tribunal to preclude the Claimants from submitting certain documents.
June 19, 2015	The Claimants file observations on the Respondent’s request of June 16, 2015.
June 22, 2015	The Respondent files a response to the Claimants’ observations of June 19, 2015.
July 1, 2015	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
July 6, 2015	The Tribunal issues Procedural Order No. 18 concerning production of documents.
July 14, 2015	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
July 20, 2015	The Tribunal issues Procedural Order No. 19 concerning the organization of the hearing.
July 30, 2015	The Claimants file a request for the exclusion of evidence.
August 2, 2015	The parties conduct a document inspection in Singapore.
August 3, 2015 - August 10, 2015	The Tribunal holds a hearing on document authenticity in Singapore.
August 4, 2015	The Respondent submits oral observations on the Claimants’ request of July 30, 2015 during the hearing. The Tribunal decides on the exclusion of evidence.
August 20, 2015	The Tribunal issues Procedural Order No. 20 concerning procedural matters.
October 20, 2015	Each party files a post-hearing brief.
November 17, 2015	Each party files a reply post-hearing brief.
December 11, 2015	Each party files a submission on costs.
December 23, 2015	Each party files observations on the other party’s submission on costs.
September 9, 2016	The Tribunal poses questions to the parties.
September 23, 2016	The Claimants file answers to the questions posed by the Tribunal on September 9, 2016.
September 27, 2016	The Respondent files answers to the questions posed by the Tribunal on September 9, 2016.
October 11, 2016	The Claimants file observations on the Respondent’s answers of September 27, 2016. The Respondent files observations on the Claimants’ answers of September 23, 2016.
December 6, 2016	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
April 11, 2017	The Secretary-General registers an application for annulment of the award filed by Churchill Mining Plc and Planet Mining Pty Ltd, and notifies the parties of the provisional stay of enforcement of the award.
May 15, 2017	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dominique Hascher (French), President; Karl-Heinz Böckstiegel (German); and Jean Kalicki (U.S.); all members appointed by the Chairman of the Administrative Council.
May 29, 2017	Churchill Mining Plc and Planet Mining Pty Ltd file a request to continue the stay of enforcement of the award.
June 12, 2017	The Republic of Indonesia files observations on Churchill Mining Plc and Planet Mining Pty Ltd’s request to continue the stay of enforcement of the award.
June 20, 2017	The ad hoc Committee holds a first session and a hearing on stay of enforcement by telephone conference. The ad hoc Committee decides on the continuation of the stay of enforcement of the award.
June 27, 2017	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
July 14, 2017	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
October 20, 2017	The Republic of Indonesia files a counter-memorial on annulment.
February 15, 2018	Churchill Mining Plc and Planet Mining Pty Ltd file a reply on annulment.
April 10, 2018	The Republic of Indonesia files a rejoinder on annulment.
April 13, 2018	The Republic of Indonesia files a request to terminate the stay of enforcement of the award.
April 23, 2018	Churchill Mining Plc and Planet Mining Pty Ltd file observations on the Republic of Indonesia’s request to terminate the stay of enforcement of the award.
May 7, 2018	The Republic of Indonesia files a response to Churchill Mining Plc and Planet Mining Pty Ltd’s observations of April 23, 2018.
June 11, 2018	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
June 19, 2018	The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
July 16, 2018 - July 17, 2018	The ad hoc Committee holds a hearing on annulment in Singapore.
August 31, 2018	Each party files a submission on costs.
March 5, 2019	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
March 18, 2019	The ad hoc Committee issues its decision on annulment.