Case Details

Strabag SE v. Libya (ICSID Case No. ARB(AF)/15/1)

Subject of Dispute:

Infrastructure construction projects
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Libya - Austria 2002
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Strabag SE (Austrian)
Respondent(s):

Libya (Libyan)
Date Registered:

July 20, 2015
Date of Constitution of Tribunal:

December 7, 2015

Composition of Tribunal

President:

John R. CROOK (U.S.) - Appointed by the Secretary-General
Arbitrators:

Antonio CRIVELLARO (Italian) - Appointed by the Claimant(s)
Nassib G. ZIADÉ (Chilean, Lebanese) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Latham & Watkins, London, U.K.
Respondent(s):

Curtis, Mallet-Prevost, Colt & Mosle, New York, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

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

Published Decisions

Award of the Tribunal (June 29, 2020)

Partial Dissenting Opinion of Professor Nassib G. Ziadé (June 22, 2020)

(a) Original Proceeding

Date	Development
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.