Case Details

Lao Holdings N.V. v. Lao People’s Democratic Republic (ICSID Case No. ARB(AF)/12/6)

Subject of Dispute:

Gaming industry
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Lao People's Democratic Republic - Netherlands 2003
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Lao Holdings N.V. (Dutch)
Respondent(s):

Lao People’s Democratic Republic (Lao)
Date Registered:

September 12, 2012
Date of Constitution of Tribunal:

March 26, 2013

Composition of Tribunal

President:

Ian BINNIE (Canadian) - Appointed by the Parties
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Stinson Leonard Street, Dallas, TX, U.S.A.
Todd Weiler, Ontario, Canada
Respondent(s):

David Branson, Jane Willems, Beijing, P.R.C.
Womble Carlyle Sandridge & Rice, Charlotte, NC, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 6, 2019 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Decision on Claimant’s Amended Application for Provisional Measures

Decision on Jurisdiction

Decision on Claimant’s Request of March 29, 2014

Decision on Respondent’s Motion to Amend the Provisional Measures Order

Order on Consent

Procedural Order No. 4

Procedural Order No. 5

Interim Ruling on Issues Arising Under the Deed of Settlement

Procedural Order No. 6

Decision on Claimant’s Second Application for Provisional Measures

Procedural Order No. 7

Decision on Provisional Measures

Decision on Respondent’s request on the admissibility of new evidence

Decision on Merits

Decision on Costs

Procedural Order No. 8 (Amended)

Decision on Document Production

Decision on the Merits of Claimants' Second Material Breach Application

Procedural Order No. 10

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 11 (amended)

Procedural Order No. 13

Procedural Order No. 14

Procedural Order No. 15

Award

Available on the ICSID Website

Procedural Order No. 1 (June 18, 2013) English (Original)

Decision on Claimant’s Amended Application for Provisional Measures (September 17, 2013) English (Original)

Decision on Jurisdiction (February 21, 2014) English (Original)

Decision on Claimant’s Request of March 29, 2014 (April 16, 2014) English (Original)

Decision on Respondent’s Motion to Amend the Provisional Measures Order (May 30, 2014) English (Original)

Order on Consent (June 19, 2014) English (Original)

Procedural Order No. 4 (August 21, 2014) English (Original)

Procedural Order No. 5 (September 19, 2014) English (Original)

Interim Ruling on Issues Arising Under the Deed of Settlement (December 19, 2014) English (Original)

Procedural Order No. 6 (February 5, 2015) English (Original)

Decision on Claimant’s Second Application for Provisional Measures (March 18, 2015) English (Original)

Procedural Order No. 7 (April 5, 2015) English (Original)

Decision on Provisional Measures (April 14, 2015) English (Original)

Decision on Respondent’s request on the admissibility of new evidence (May 13, 2015) English (Original)

Decision on Merits (June 10, 2015) English (Original)

Decision on Costs (November 5, 2015) English (Original)

Procedural Order No. 8 (Amended) (October 21, 2016) English (Original)

Decision on Document Production (April 3, 2017) English (Original)

Decision on the Merits of Claimants' Second Material Breach Application (December 15, 2017) English (Original)

Procedural Order No. 10 (March 29, 2018) English (Original)

Procedural Order No. 11 (June 25, 2018) English (Original)

Procedural Order No. 12 (June 26, 2018) English (Original)

Procedural Order No. 11 (amended) (June 28, 2018) English (Original)

Procedural Order No. 13 (July 31, 2018) English (Original)

Procedural Order No. 14 (July 31, 2018) English (Original)

Procedural Order No. 15 (August 29, 2018) English (Original)

Award (August 6, 2019) English (Original)

(a) Original Proceeding

Date	Development
September 12, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
February 27, 2013	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
February 27, 2013	Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
March 26, 2013	The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Ian Binnie (Canadian), President, appointed by agreement of the parties; Bernard Hanotiau (Belgian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
March 26, 2013	Following appointment by the parties, Ian Binnie (Canadian) accepts his appointment as presiding arbitrator.
April 19, 2013	The Claimant files a request for provisional measures.
May 8, 2013	The Tribunal holds a first session in London.
May 22, 2013	The Claimant files an amended notice of arbitration.
May 28, 2013	The Claimant amends its request for provisional measures, originally filed on April 19, 2013.
June 18, 2013	The Tribunal issues an amended Procedural Order No. 1 concerning procedural matters.
July 12, 2013	The Respondent files observations on the Claimant's request for provisional measures as amended on May 28, 2013.
July 22, 2013	The Claimant files a memorial on the merits.
August 2, 2013	The Claimant files a response to the Respondent's observations of July 12, 2013.
September 2, 2013	The Tribunal holds a hearing on provisional measures in London.
September 17, 2013	The Tribunal issues a decision on the Claimant's request for provisional measures as amended on May 28, 2013.
October 15, 2013	The Respondent files a memorial on jurisdiction.
November 25, 2013	The Claimant files a counter-memorial on jurisdiction.
December 9, 2013	The Respondent files a reply on jurisdiction.
December 23, 2013	The Claimant files a rejoinder on jurisdiction.
January 6, 2014	The Tribunal holds a hearing on jurisdiction in Paris.
February 20, 2014	The Respondent files a counter-memorial on the merits and a request for reconsideration of the Tribunal's decision of September 17, 2013.
February 21, 2014	The Tribunal issues a decision on jurisdiction.
March 21, 2014	The Claimant files observations on the Respondent's request of February 20, 2014.
March 29, 2014	The Claimant files a request for the Tribunal to order the Respondent to comply with the Tribunal's decision of September 17, 2013.
March 31, 2014	The Respondent files a supplement to its counter-memorial on the merits of February 20, 2014.
April 1, 2014 - April 14, 2014	Each party files observations on the Claimant's request of March 29, 2014.
April 4, 2014	The Respondent files a response to the Claimant's observations of March 21, 2014.
April 16, 2014	The Tribunal decides on the Claimant's request of March 29, 2014.
April 18, 2014	The Claimant files further observations on the Respondent's response of April 04, 2014.
May 9, 2014	The Claimant files a reply on the merits.
May 12, 2014	The Tribunal holds a hearing on the Respondent's request of February 20, 2014 in London.
May 30, 2014	The Tribunal issues a decision on the Respondent’s request for reconsideration of the Tribunal's decision of September 17, 2013.
June 5, 2014	The Respondent files a rejoinder on the merits.
June 17, 2014 - June 19, 2014	The Tribunal holds a hearing on the merits in Singapore.
June 19, 2014	The proceeding is suspended, pursuant to the parties’ agreement.
July 4, 2014	The Claimant files a submission concerning the suspension of the proceeding.
July 11, 2014	The Respondent files observations on the Claimant's submission of July 4, 2014.
August 1, 2014	The Claimant files a response to the Respondent's observations of July 11, 2014.
August 8, 2014	The Respondent files further observations on the Claimant's response of August 1, 2014.
August 21, 2014	The Tribunal issues a procedural order concerning the suspension of the proceeding.
September 12, 2014	The Respondent files a request concerning the suspension of the proceeding.
September 17, 2014	The Claimant files observations on the Respondent’s request of September 12, 2014.
September 19, 2014	The Tribunal issues a further procedural order concerning the suspension of the proceeding.
October 1, 2014	The Claimant files answers to questions posed by the Tribunal on August 21, 2014.
October 14, 2014	The Tribunal holds a hearing concerning the suspension of the proceeding in Washington, D.C.
December 19, 2014	The Tribunal issues a decision concerning the suspension of the proceeding.
January 19, 2015	The Claimant files a request for provisional measures.
January 27, 2015	The Respondent files a request for reconsideration of the Tribunal’s decision of December 19, 2014.
January 28, 2015	The Respondent files observations on the Claimant’s request for provisional measures.
January 29, 2015	The Claimant files observations on the Respondent’s request of January 27, 2015.
February 2, 2015	The Respondent files a response to the Claimant’s observations of January 29, 2015.
February 5, 2015	The Tribunal issues a procedural order concerning the Respondent’s request of January 27, 2015 and provisional measures.
February 18, 2015	The Claimant files a response to the Respondent’s observations of January 28, 2015.
March 18, 2015	The Tribunal issues a decision on provisional measures.
March 27, 2015	The Claimant files a memorial on the merits of its submission concerning the suspension of the proceeding of July 4, 2014. Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents and disclosure of information.
March 31, 2015	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents and disclosure of information.
April 2, 2015	The Respondent files a response to the Claimant’s observations of March 31, 2015 and withdraws its request concerning production of documents of March 27, 2015. The Claimant files further observations on the Respondent’s response of April 2, 2015.
April 3, 2015	The Respondent files a counter-memorial on the merits of the Claimant’s submission concerning the suspension of the proceeding of July 4, 2014.
April 5, 2015	The Tribunal issues a procedural order concerning disclosure of information.
April 8, 2015	The Claimant files a reply on the merits of its submission concerning the suspension of the proceeding of July 4, 2014.
April 11, 2015	The Respondent files a rejoinder on the merits of the Claimant’s submission concerning the suspension of the proceeding of July 4, 2014.
April 13, 2015 - April 14, 2015	The Tribunal holds a hearing on the merits of the Claimant’s submission concerning the suspension of the proceeding of July 4, 2014 in Singapore.
April 14, 2015	The Tribunal decides on provisional measures.
April 29, 2015	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 12, 2015	The Claimant files observations on the Respondent’s request of April 29, 2015.
May 13, 2015	The Tribunal decides on the admissibility of new evidence.
June 10, 2015	The Tribunal issues a decision on the merits.
August 3, 2015	The Respondent files a statement of costs
November 5, 2015	The Tribunal issues a decision on costs.
April 26, 2016	The Claimant files a further submission concerning the suspension of the proceeding.
May 12, 2016	The Respondent files observations on the Claimant's further submission of April 26, 2016.
June 29, 2016	The Tribunal holds a procedural hearing with the parties by telephone conference.
September 16, 2016	The Respondent files a request for security for costs.
October 7, 2016	The Claimant files a response to Respondent’s requests of May 12, June 24, and September 16, 2016.
October 18, 2016	The Tribunal holds a hearing on the Respondent’s requests of May 12, June 24, and September 16, 2016 in Brussels.
October 20, 2016	The Tribunal issues Procedural Order No. 8 concerning security for costs and stay of the proceeding.
October 21, 2016	The Tribunal issues an amended Procedural Order No. 8 concerning security for costs and stay of the proceeding, originally issued on October 20, 2016.
March 6, 2017	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
March 16, 2017	The Claimant files a memorial in support of its second material breach application.
March 17, 2017	The Respondent files a response to production of documents.
March 31, 2017	The Claimant files a response to production of documents.
April 3, 2017	The Tribunal decides on production of documents.
May 5, 2017	The Respondent files a counter-memorial on the merits of the Claimant’s further submission concerning the suspension of the proceeding of April 26, 2016.
May 31, 2017	The Claimant files a reply memorial in further support of their second material breach application.
June 21, 2017	The Respondent files a rejoinder in opposition to the Claimant’s second material breach application.
July 3, 2017 - July 4, 2017	The Tribunal holds a hearing on the Claimant's second material breach application.
December 15, 2017	The Tribunal issues a decision on the Claimant’s second material breach application.
March 21, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
March 29, 2018	The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.
May 15, 2018	The Respondent files an application for additional evidence.
May 30, 2018	The Claimant files a response to the Respondent’s application for additional evidence.
June 15, 2018	The Respondent files a Reply to the Claimant’s response of May 30, 2018.
June 25, 2018	The Tribunal issues Procedural Order No. 11 concerning the Respondent’s application for additional evidence.
June 26, 2018	The Tribunal issues Procedural Order No. 12 concerning the organization of the hearing.
June 28, 2018	The Tribunal issues an amended Procedural Order No. 11 concerning the Respondent’s application for additional evidence, originally issued on June 25, 2018.
July 31, 2018	The Tribunal issues Procedural Order No. 13 concerning issues related to the hearing.
July 31, 2018	The Tribunal issues Procedural Order No. 14 concerning the Claimant’s application for additional evidence.
August 29, 2018	The Tribunal issues Procedural Order No. 15 concerning procedural matters and admissibility of evidence.
September 3, 2018 - September 7, 2018	The Tribunal holds a hearing on the merits in Singapore.
February 22, 2019	The Respondent files a submission on costs.
March 7, 2019	The Claimant files a submission on costs.
March 15, 2019	The Respondent files observations on the Claimant’s submission on costs.
July 17, 2019	The Tribunal declares the proceeding closed in accordance with Article 44 of the Arbitration (Additional Facility) Rules.
August 6, 2019	The Tribunal renders its award.