Case Details

Shin Dong Baig v. Socialist Republic of Vietnam (ICSID Case No. ARB(AF)/18/2)

Subject of Dispute:

Real estate project
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Korea, Republic of - Vietnam 1993
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Shin Dong Baig (Korean)
Respondent(s):

Socialist Republic of Vietnam (Vietnamese)
Date Registered:

March 19, 2018
Date of Constitution of Tribunal:

July 5, 2018

Composition of Tribunal

President:

Judith GILL (British) - Appointed by the Parties
Arbitrators:

Klaus REICHERT (German, Irish) - Appointed by the Claimant(s)
Albert Jan VAN DEN BERG (Dutch) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

The Ezlaw Firm, Ho Chi Minh City, Vietnam
Respondent(s):

IDVN Lawyers, Hanoi, Vietnam
Curtis, Mallet-Prevost, Colt & Mosle, Washington, D.C., U.S.A.
Ministry of Justice, Hanoi, Vietnam
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 29, 2020 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
March 19, 2018	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
May 11, 2018	Following appointment by the Claimant, Klaus Reichert (German/Irish) accepts his appointment as arbitrator.
June 11, 2018	Following appointment by the Respondent, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
July 5, 2018	The Tribunal is constituted in accordance with Article 9 of the Arbitration (Additional Facility) Rules. Its members are: Judith Gill (British), President, appointed by agreement of the parties; Klaus Reichert (German/Irish), appointed by the Claimant; and Albert Jan van den Berg (Dutch), appointed by the Respondent.
July 5, 2018	Following appointment by agreement of the parties, Judith Gill (British) accepts her appointment as presiding arbitrator.
August 28, 2018	The Tribunal holds a first session in Singapore.
September 8, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 1, 2018	The Tribunal decides on production of documents.
October 17, 2018	The Tribunal decides on production of documents.
January 4, 2019	The Claimant files a memorial on the merits.
January 25, 2019	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
February 14, 2019	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
March 1, 2019	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
May 10, 2019	The Respondent files a counter-memorial on the merits.
July 19, 2019	Each party files a request for the Tribunal to decide on production of documents.
August 2, 2019	The Tribunal decides on production of documents.
October 23, 2019	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
December 18, 2019	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
January 8, 2020	The Tribunal decides on procedural matters.
January 15, 2020	The Claimant files a rejoinder on jurisdiction.
January 21, 2020	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
January 23, 2020	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
January 28, 2020	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
January 30, 2020	The Tribunal decides on the admissibility of new evidence.
January 30, 2020	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
January 31, 2020	The Tribunal decides on the admissibility of new evidence.
February 3, 2020 - February 4, 2020	The Tribunal holds a hearing on jurisdiction and the merits in Singapore.
March 20, 2020	Each party files a post-hearing brief.
April 3, 2020	Each party files a submission on costs.
October 9, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Additional Facility Rule 44(1).
October 29, 2020	The Tribunal renders its award.