Case Details

SGS Société Générale de Surveillance S.A. v. Republic of the Philippines (ICSID Case No. ARB/02/6)

Subject of Dispute:

Service agreement
Economic Sector:

Services & Trade
Instrument(s) Invoked:

BIT Philippines - Switzerland 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

SGS Société Générale de Surveillance S.A. (Swiss)
Respondent(s):

Republic of the Philippines (Philippine)
Date Registered:

June 6, 2002
Date of Constitution of Tribunal:

September 18, 2002

Composition of Tribunal

President:

Ahmed Sadek EL-KOSHERI (Egyptian) - Appointed by the Secretary-General
Arbitrators:

Antonio CRIVELLARO (Italian) - Appointed by the Claimant(s)
James R. CRAWFORD (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Shearman & Sterling, Paris, France and Singapore
Respondent(s):

Allen & Overy, London, U.K.
Assistant Secretary, Department of Finance, Manila, Philippines
Christopher Greenwood, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 11, 2008 - The Tribunal renders the award embodying the parties’ settlement agreement pursuant to ICSID Arbitration Rule 43(2).

(a) Original Proceeding

Published Decisions

Introductory Note

Decision of the Tribunal on Objections to Jurisdiction of January 29, 2004; 8 ICSID Rep. 518 (2005);

Declaration by one of the arbitrators of January 29, 2004; 8 ICSID Rep. 568 (2005).

Available on the ICSID Website

Decision of the Tribunal on Objections to Jurisdiction (January 29, 2004) English (Original)

Declaration by one of the arbitrators (Attached to the Decision on Objections to Jurisdiction) (January 29, 2004) English (Original)

(a) Original Proceeding

Date	Development
June 6, 2002	The Secretary-General registers a request for the institution of arbitration proceedings.
September 18, 2002	The Tribunal is constituted. Its members are: Ahmed S. El-Kosheri (Egyptian), President; Antonio Crivellaro (Italian); and James R. Crawford (Australian).
November 5, 2002	The Respondent files a memorial on jurisdiction.
November 13, 2002	The Tribunal holds a first session in Paris.
January 31, 2003	The Claimant files a counter-memorial on jurisdiction.
March 14, 2003	The Respondent files a reply on jurisdiction.
May 6, 2003	The Claimant files a rejoinder on jurisdiction.
May 26, 2003 - May 27, 2003	The Tribunal holds a hearing on jurisdiction in Paris.
January 29, 2004	The Tribunal issues a decision on jurisdiction; attached to the decision is a separate opinion by Antonio Crivellaro.
September 26, 2007	The Tribunal provisionally lifts the stay of the proceedings.
December 4, 2007	The Tribunal holds a procedural hearing in Paris.
December 17, 2007	The Tribunal issues a procedural order concerning the lifting of the stay, procedural matters and the procedural calendar.
January 21, 2008	The Claimant files a memorial on the merits.
March 11, 2008	The Respondent files a request for the Tribunal to decide on production of documents.
March 13, 2008	The Claimant files observations to on the Respondent’s request for the Tribunal to decide on production of documents.
March 17, 2008	The Tribunal decides on production of documents.
April 11, 2008	The Tribunal renders the award embodying the parties’ settlement agreement pursuant to ICSID Arbitration Rule 43(2).