Case Details

Lao Holdings N.V. v. Lao People’s Democratic Republic (ICSID Case No. ARB(AF)/16/2)

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:

May 27, 2016
Date of Constitution of Tribunal:

October 6, 2016

Composition of Tribunal

President:

Jean Engelmayer KALICKI (U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

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

Squire Patton Boggs (US), New York, NY, U.S.A.
David Branson, Saulieu, France
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

September 11, 2023 - The Tribunal decides on the Respondent’s request of June 29, 2023.

(a) Original Proceeding

Published Decisions

Decision on Bifurcation

Procedural Order No. 1 (Revised)

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

Available on the ICSID Website

Decision on Bifurcation (April 24, 2017) English (Original)

Procedural Order No. 1 (Revised) (May 16, 2017) English (Original)

Procedural Order No. 2 (October 23, 2017) English (Original)

Procedural Order No. 3 (November 14, 2017) English (Original)

Procedural Order No. 4 (November 27, 2017) English (Original)

Procedural Order No. 5 (May 18, 2018) English (Original)

Procedural Order No. 6 (July 26, 2018) English (Original)

Procedural Order No. 7 (November 14, 2018) English (Original)

Procedural Order No. 8 (November 16, 2018) English (Original)

(a) Original Proceeding

Date	Development
May 27, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
August 17, 2016	Following appointment by the Claimant, Klaus Reichert (Irish/German) accepts his appointment as arbitrator.
August 22, 2016	Following appointment by the Respondent, Laurence Boisson de Chazournes (French/Swiss) accepts her appointment as arbitrator.
October 6, 2016	Following appointment by the Chairman of the Administrative Council, Jean Kalicki (U.S.) accepts her appointment as presiding arbitrator.
October 6, 2016	The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Jean Kalicki (U.S.), President, appointed by the Chairman of the Administrative Council in accordance with Article 10 of the ICSID Arbitration (Additional Facility) Rules; Klaus Reichert (Irish/German) appointed by the Claimant; and Laurence Boisson de Chazournes (French/Swiss), appointed by the Respondent.
February 20, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 7, 2017	The Tribunal holds a first session in London.
March 21, 2017	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
April 3, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 4, 2017	The Respondent files a reply on the request to address the objections to jurisdiction as a preliminary question.
April 11, 2017	The Claimant files a rejoinder on the request to address the objections to jurisdiction as a preliminary question.
April 24, 2017	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
May 16, 2017	The Tribunal issues a revised Procedural Order No. 1 concerning procedural matters.
September 1, 2017	The Claimants file a memorial on the merits.
September 1, 2017	The Respondent files a memorial on the jurisdiction.
September 18, 2017	The Respondent files a request for reconsideration of the Tribunal’s decision of April 24, 2017.
September 22, 2017	The Claimants file observations on the Respondent’s request of September 18, 2017.
October 6, 2017	The Respondent files a reply on its request of September 18, 2017.
October 10, 2017	The Claimants file a rejoinder on the Respondent’s request of September 18, 2017.
October 23, 2017	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request of September 18, 2017.
October 24, 2017	The Claimants file a request for clarification of Procedural Order No. 2.
October 31, 2017	The Respondent files its comments on the Claimants’ request of October 24, 2017.
November 1, 2017	The Claimants file observations on the Respondent’s comments of October 31, 2017.
November 14, 2017	The Tribunal issues Procedural Order No. 3 concerning the Claimants’ clarification request of October 24, 2017.
November 27, 2017	The Tribunal issues Procedural Order No. 4 concerning the revised procedural timetable.
March 23, 2018	The Respondent files an amended memorial on jurisdiction and a counter-memorial on the merits.
May 4, 2018	The Respondent files a request for the Tribunal to decide on production of documents.
May 5, 2018	The Claimants file a request for the Tribunal to decide on production of documents.
May 18, 2018	The Tribunal issues Procedural Order No. 5 concerning production of documents.
June 25, 2018	The Claimants file a renewed request for the Tribunal to decide on production of documents.
June 29, 2018	The Respondent files an application for security for costs.
July 2, 2018	The Respondent files observations on the Claimants' renewed request of June 25, 2018.
July 4, 2018	The Tribunal decides on the Claimants' renewed request on production of documents.
July 9, 2018	The Claimants file observations of the Respondent’s application of June 29, 2018.
July 26, 2018	The Tribunal issues Procedural Order No. 6 concerning the Respondent’s application for security for costs of June 29, 2018.
August 10, 2018	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
October 4, 2018	The Claimants file a request for the Tribunal to decide on the admissibility of new documents.
October 10, 2018	The Respondent files observations on the Claimants’ request of October 4, 2018.
October 11, 2018	The Tribunal decides on the Claimants’ request of October 4, 2018.
November 1, 2018	The Respondent files a rejoinder on jurisdiction and the merits.
November 6, 2018	The Claimants file a request for the exclusion of evidence.
November 7, 2018	The Claimants file a further request for the exclusion of evidence.
November 8, 2018	The Claimants request leave from the Tribunal to file a supplemental report.
November 12, 2018	The Respondent files observations on the Claimants’ requests of November 6, 2018 and November 8, 2018.
November 13, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
November 14, 2018	The Tribunal issues Procedural Order No. 7 concerning the Claimants’ requests of November 6, 7 and 8, 2018.
November 16, 2018	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
June 10, 2019 - June 14, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Singapore.
July 1, 2019	The Respondent files a request for leave from the Tribunal to submit a further objection to jurisdiction.
July 15, 2019	The Claimants file observations on the Respondent’s request of July 1, 2019.
August 6, 2019	The Respondent files new evidence.
August 15, 2019	The Respondent withdraws its request of July 1, 2019.
September 11, 2019	The Respondent files a request for provisional measures and security for costs.
September 24, 2019	The Claimants file observations on the Respondent’s request for provisional measures and security for costs.
September 24, 2019	The Respondent files a submission on the relevance of the new evidence filed on August 6, 2019.
November 5, 2019	The Claimants file observations on the Respondent’s submission of September 24, 2019.
November 20, 2019	The Respondent files new evidence.
November 25, 2019	The Respondent files a submission on the relevance of the new evidence filed on November 20, 2019.
December 9, 2019	The Claimants file observations on the Respondent’s submission of November 25, 2019.
February 27, 2020	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
March 6, 2020	The Respondent files observations on the Claimants’ request of February 27, 2019.
March 27, 2020	The Tribunal decides on the Claimants’ request of February 27, 2020.
April 20, 2020	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
April 20, 2020	The Respondent files observations on the Claimants’ request of April 20, 2020.
April 28, 2020	The Respondent files further observations on the Claimants’ request of April 20, 2020.
April 29, 2020	The Tribunal decides on the Claimants’ request of April 20, 2020.
August 7, 2020	The Claimants file a further request for the Tribunal to decide on the admissibility of new evidence.
August 17, 2020	The Respondent files observations on the Claimants’ further request of August 7, 2020.
September 25, 2020	The Tribunal decides on the Claimants’ further request of August 7, 2020.
August 13, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
August 20, 2021	The Claimants file observations on the Respondent’s request of August 13, 2021.
August 30, 2021	The Tribunal decides on the Respondent’s request of August 13, 2021.
June 29, 2023	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
July 7, 2023	The Claimant files observations on the Respondent’s request of June 29, 2023.
September 11, 2023	The Tribunal decides on the Respondent’s request of June 29, 2023.