Case Details

ABCI Investments Limited v. Republic of Tunisia (ICSID Case No. ARB/04/12)

Subject of Dispute:

Acquisition of shares
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Netherlands - Tunisia 1998 - Investment Law - Tunisia (1969)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

ABCI Investments Limited (Dutch)
Respondent(s):

Republic of Tunisia (Tunisian)
Date Registered:

April 6, 2004
Date of Constitution of Tribunal:

October 5, 2007

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
Pierre TERCIER (Swiss) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Francisco ORREGO VICUÑA (Chilean) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Piero BERNARDINI (Italian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)
Reconstituted:

December 1, 2017: L. Yves FORTIER (Canadian) appointed following the resignation of Piero BERNARDINI (Italian)
December 11, 2018: Pierre TERCIER (Swiss) appointed following the resignation of Brigitte STERN (French)
December 11, 2018: Bernard HANOTIAU (Belgian) appointed following the resignation of Francisco ORREGO VICUÑA (Chilean)

Party Representatives

Claimant(s):

Geneviève Bastid-Burdeau, Paris, France
Arnaud de Nanteuil, Paris, France
Simon Olleson, London, U.K.
Irmgard Marboe, Vienna, Austria
Respondent(s):

Quinn Emanuel Urquhart & Sullivan, Paris, France
Herbert Smith Freehills, New York, NY, U.S.A.
Direction Générale du Contentieux, Tunis, Tunisia
Language(s) of Proceeding:

French
Status of Proceeding:

Pending
Latest Development:

April 7, 2023 - Each party files a submission on costs.

No References Available.

(a) Original Proceeding

Date	Development
April 6, 2004	The Secretary-General registers a request for the institution of arbitration proceedings.
October 27, 2004	Following appointment by the Respondent, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as arbitrator.
May 8, 2007	Following appointment by the Claimant, Piero Bernardini (Italian) accepts his appointment as arbitrator.
June 5, 2007	The Respondent files a request for security for costs.
June 8, 2007	Gabrielle Kaufmann-Kohler withdraws her acceptance of the appointment as arbitrator.
July 17, 2007	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
July 20, 2007	The Claimant files a request for provisional measures.
September 20, 2007	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
October 2, 2007	Following appointment by the Chairman of the Administrative Council, Francisco Orrego-Vicuña (Chilean) accepts his appointment as presiding arbitrator.
October 5, 2007	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Francisco Orrego-Vicuña (Chilean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Piero Bernardini (Italian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
October 26, 2007	The Claimant files a request for the Tribunal to decide on the validity of the representation of the Respondent and the validity of the appointment of an arbitrator.
December 3, 2007	The Tribunal holds a first session without the parties by telephone conference.
March 17, 2008	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
March 27, 2008	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
April 8, 2008	The Claimant files a reiterated request for provisional measures.
April 15, 2008	The proceeding is resumed following payment of the required advances.
April 21, 2008	The Claimant files further observations on its request for provisional measures.
May 15, 2008	The Respondent files a further observations on its request for security for costs of June 5, 2007.
May 29, 2008	The Respondent files observations on the Claimant’s request of October 26, 2007.
May 30, 2008	The Claimant files observations on the Respondent’s request for security for costs and a request for security for costs.
June 16, 2008	The Tribunal holds a hearing on the validity of the representation of the Respondent and the validity of the appointment of an arbitrator, and a procedural session in Paris.
July 2, 2008	The Tribunal issues a procedural order concerning the validity of the representation of the Respondent and the validity of the appointment of an arbitrator. The Tribunal issues a procedural order concerning the parties’ respective requests for security for costs.
July 8, 2008	The Claimant files further observations on its request for provisional measures. The Respondent files a request to address the objections to jurisdiction as a preliminary question. The Respondent files observations on the Claimant’s request for provisional measures.
July 30, 2008	The Claimant files observations on the request to deal with the objections to jurisdiction as a preliminary question. The Respondent files observations on the Claimant’s request for provisional measures.
August 29, 2008	The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. The Tribunal issues a procedural order concerning provisional measures.
September 16, 2008	The Claimant files a request for clarification of the procedural order of August 29, 2008, and files a further request for provisional measures.
September 22, 2008	The Claimant files a request for reimbursement of the requested advance payment made by the Claimant on behalf of the Respondent.
September 23, 2008	The Respondent files observations on the Claimant’s requests of September 16, 2008.
September 30, 2008	The Tribunal decides on the Claimant’s requests for provisional measures, clarification procedural order of August 29, 2008, and reimbursement of the requested advance payment.
November 28, 2008	The Claimants files a request for the Tribunal to decide on production of documents, and a further request for provisional measures.
December 3, 2008	The Tribunal decides on the procedural calendar.
December 5, 2008	The Respondent files a memorial on jurisdiction.
December 15, 2008	The Respondent files observations on the Claimant’s requests of November 28, 2008.
December 24, 2008	The Tribunal decides on production of documents and provisional measures.
March 18, 2009	The Tribunal decides on the procedural calendar.
March 30, 2009	The Claimant files a counter-memorial on jurisdiction.
May 8, 2009	The Tribunal decides on the procedural calendar.
May 19, 2009	The Respondent files a reply on jurisdiction.
June 18, 2009	The Claimant files a request for the Tribunal to decide on production of documents.
June 19, 2009	The Acting Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
June 23, 2009	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
December 22, 2009	The proceeding is resumed following payment of the required advances. The Claimant files a further request for the Tribunal to decide on production of documents, and files observations on the procedural calendar.
January 8, 2010	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents, and on the procedural calendar.
January 11, 2010	The Claimant files a response to the Respondent’s observations of January 8, 2010.
January 20, 2010	The Tribunal decides on production of documents and on the procedural calendar.
March 10, 2010	The Claimant files a rejoinder on jurisdiction.
June 23, 2010 - June 25, 2010	The Tribunal holds a hearing on jurisdiction in Paris.
October 1, 2010	The Claimant files a request for provisional measures.
October 13, 2010	The Respondent files observations on the Claimant's request for provisional measures.
October 22, 2010	The Claimant files a response to the Respondent’s observations of October 13, 2010.
October 29, 2010	The Claimant files further observations on its request for provisional measures.
November 17, 2010	The Tribunal issues a procedural order concerning provisional measures.
January 5, 2011	Each party files a statement of costs.
February 18, 2011	The Tribunal issues a decision on objections to jurisdiction; attached to the decision is a dissenting opinion by arbitrator Brigitte Stern.
March 15, 2011	The Tribunal decides on the procedural calendar.
June 15, 2011	The proceeding is suspended until October 14, 2011, pursuant to the parties’ agreement.
October 26, 2011	The suspension of the proceeding is extended until November 15, 2011, pursuant to the parties’ agreement.
November 18, 2011	The suspension of the proceeding is further extended until November 30, 2011, pursuant to the parties’ agreement.
November 30, 2011	The suspension of the proceeding is further extended until April 25, 2012, pursuant to the parties’ agreement.
May 3, 2012	The suspension of the proceeding is further extended until September 10, 2012, pursuant to the parties’ agreement.
September 11, 2012	The suspension of the proceeding is further extended until September 30, 2012, pursuant to the parties’ agreement.
October 1, 2012	The suspension of the proceeding is further extended until October 31, 2012, pursuant to the parties’ agreement.
November 2, 2012	The suspension of the proceeding is further extended until November 30, 2012, pursuant to the parties’ agreement.
December 3, 2012	The suspension of the proceeding is further extended until January 15, 2013, pursuant to the parties’ agreement.
January 10, 2013	The suspension of the proceeding is further extended until March 16, 2013, pursuant to the parties’ agreement.
April 2, 2013	The suspension of the proceeding is further extended until April 17, 2013, pursuant to the parties’ agreement.
April 17, 2013	The suspension of the proceeding is further extended until May 16, 2013, pursuant to the parties’ agreement.
October 4, 2013	The Respondent raises preliminary matters, including a request for suspension of the proceedings.
October 9, 2013	The proceeding is resumed.
October 14, 2013	The Respondent renews its requests of October 4, 2013.
October 18, 2013	The Tribunal decides on the procedural calendar.
December 26, 2013	The Claimant files a request for provisional measures.
December 27, 2013	The Tribunal decides on the procedural calendar.
January 6, 2014	The Respondent files a memorial on preliminary matters.
January 8, 2014	The Claimant files a request for the Tribunal to decide on production of documents.
January 13, 2014	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
January 16, 2014	The Tribunal issues a decision on production of documents.
February 5, 2014	The Claimant files a counter-memorial on preliminary matters.
February 5, 2014	The Respondent files observations on the Claimant's request for provisional measures.
February 20, 2014	The Claimant files a response to the Respondent’s observations of February 5, 2014. The Respondent files a reply on preliminary matters.
March 7, 2014	The Claimant files a rejoinder on preliminary matters. The Respondent files further observations on the Claimant's response of February 20, 2014.
April 17, 2014	The Tribunal issues a decision on provisional measures and on the suspension the proceedings.
May 13, 2014	Following exchanges between the parties, the Tribunal issues a decision on the Respondent’s request for production of documents contained in its memorial on preliminary matters.
September 5, 2014	The Tribunal issues a decision on preliminary matters.
October 21, 2014	The Tribunal issues a procedural order concerning procedural matters.
January 20, 2015	The Claimant files a memorial on liability.
March 22, 2015	The Respondent files a request concerning the Claimant’s submission of January 20, 2015.
March 27, 2015	The Claimant files observations on the Respondent’s request of March 22, 2015.
March 30, 2015	The Respondent files a response to the Claimant’s observations of March 27, 2015. The Claimant files further observations on the Respondent’s response of March 30, 2015.
April 2, 2015	The Respondent files a response to the Claimant’s further observations of March 30, 2015. The Claimant files a reply on the Respondent’s request of March 22, 2015. The Tribunal decides on the Respondent’s request of March 22, 2015. The Claimant files a request for the Tribunal to decide on production of documents.
April 3, 2015	The Tribunal decides on the procedural calendar.
April 13, 2015	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
April 20, 2015	The Claimant files a response to the Respondent’s observations of April 13, 2015.
May 4, 2015	The Respondent files a reply on the Claimant’s response of April 20, 2015.
June 4, 2015	The Respondent files a counter-memorial on liability.
July 14, 2015	The Tribunal issues a decision on production of documents.
August 21, 2015	The Claimant files a reply on liability.
November 13, 2015	The Respondent files a rejoinder on liability.
January 4, 2016	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
January 22, 2016	The Claimant files a request for provisional measures.
January 27, 2016 - January 29, 2016	The Tribunal holds a hearing on liability in Paris.
February 2, 2016	The Respondent files observations on the Claimant’s request for provisional measures.
February 5, 2016	The Claimant files a response to the Respondent’s observations of February 2, 2016.
February 16, 2016	The Respondent files further observations on the Claimant's response of February 5, 2016.
March 7, 2016	The Tribunal issues a decision on provisional measures.
January 16, 2017	The Claimant files a request for provisional measures.
February 14, 2017	The Respondent files observations on the Claimant’s request for provisional measures.
February 21, 2017	The Claimant files a response to the Respondent’s observations of February 14, 2017.
February 28, 2017	The Respondent files further observations on the Claimant's response of February 21, 2017.
April 19, 2017	The Tribunal issues a decision on provisional measures.
July 17, 2017	The Tribunal issues a decision on liability.
August 21, 2017	The Tribunal decides on the procedural calendar.
October 10, 2017	The Tribunal consents to the resignation of arbitrator Piero Bernardini pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
October 10, 2017	Following the resignation of arbitrator Piero Bernardini, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
December 1, 2017	The Tribunal is reconstituted. Its members are: Francisco Orrego Vicuña (Chilean), President, appointed by the Chairman of the Administrative Council; L. Yves Fortier (Canadian), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Brigitte Stern (French), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
December 1, 2017	Following the resignation of Piero Bernardini, L. Yves Fortier (Canadian) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1).
January 2, 2018	The Tribunal decides on the procedural calendar.
February 7, 2018	The Claimant files a memorial on quantum.
June 1, 2018	The Respondent files a counter-memorial on quantum.
July 3, 2018	The Claimant files a request for the Tribunal to decide on production of documents.
July 11, 2018	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
July 20, 2018	The Claimant files a response to the Respondent’s observations of July 11, 2018.
August 3, 2018	Following the resignation of arbitrator Francisco Orrego-Vicuña (Chilean), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
August 13, 2018	The Secretary-General notifies the parties of the resignation of arbitrator Brigitte Stern (French).
August 28, 2018	The Respondent files a request for reconsideration of the Tribunal’s decisions of February 18, 2011 and July 17, 2017.
October 23, 2018	Following the resignation of Francisco Orrego-Vicuña (Chilean), Bernard Hanotiau (Belgian) accepts his appointment as President of the Tribunal, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rule 11(2).
October 25, 2018	The Tribunal consents to the resignation of arbitrator Brigitte Stern pursuant to ICSID Arbitration Rule 8(2) and the parties are notified thereof.
December 11, 2018	The Tribunal is reconstituted. Its members are Bernard Hanotiau (Belgian), President, appointed by Chairman of the Administrative Council; Yves Fortier (Canadian), appointed by the Claimant; and Pierre Tercier (Swiss), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
December 11, 2018	Following the resignation of Brigitte Stern (French), Pierre Tercier (Swiss) appointed by the Respondent, accepts his appointment as arbitrator in accordance with ICSID Rule 11(1).
January 14, 2019	The Tribunal issues a procedural order concerning procedural matters.
January 25, 2019	The Respondent files a memorial on reconsideration of the Tribunal’s decisions of February 18, 2011 and July 17, 2017.
February 12, 2019	The Claimant files a response on reconsideration of the Tribunal’s decisions of February 18, 2011 and July 17, 2017.
February 27, 2019	The Respondent files a reply on reconsideration of the Tribunal’s decisions of February 18, 2011 and July 17, 2017.
March 13, 2019	The Claimant files a rejoinder on reconsideration of the Tribunal’s decisions of February 18, 2011 and July 17, 2017.
April 4, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
April 9, 2019	The Respondent files further observations on reconsideration of the Tribunal’s decisions of February 18, 2011 and July 17, 2017.
April 9, 2019	The Respondent files observations on the Claimant’s request of April 4, 2019.
April 10, 2019	The Tribunal decides on the admissibility of new evidence.
April 23, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
April 29, 2019	The Respondent files observations on the Claimant’s request of April 23, 2019.
April 30, 2019	The Tribunal decides on the admissibility of new evidence.
June 13, 2019	The Tribunal issues a decision the Respondent’s request of August 28, 2018.
July 2, 2019	The Tribunal issues a procedural order concerning procedural matters.
July 17, 2019	The Claimant files a request for provisional measures.
August 12, 2019	The Respondent files observations on the Claimant’s request for provisional measures.
August 27, 2019	The Claimant files a response to the Respondent's observations of August 12, 2019.
September 6, 2019	The Respondent files further observations on the Claimant’s response of August 27, 2019.
September 6, 2019	The Respondent files a request for provisional measures.
September 25, 2019	Each party files a request for provisional measures.
October 4, 2019	The Tribunal issues Procedural Order No. 9 concerning provisional measures.
October 8, 2019	The Tribunal issues Procedural Order No. 10 concerning provisional measures.
October 17, 2019	The Tribunal issues Procedural Order No. 11 concerning provisional measures.
October 18, 2019	The Claimant files a request for the Respondent to produce documents.
October 21, 2019	The Respondent files objections to the Claimant’s request of October 18, 2019.
October 22, 2019	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
October 23, 2019	The Claimant files observations on the Respondent’s objections of October 21, 2019.
October 24, 2019	The Tribunal decides on the Respondent’s objections of October 21, 2019.
October 28, 2019	The Respondent files observations on the Claimant’s request of October 18, 2019.
November 5, 2019	The Respondent files observations on the non-disputing party’s application.
November 7, 2019	The Claimants files further observations on the request of October 18, 2019.
November 15, 2019	The Claimant files observations on the non-disputing party’s application.
November 22, 2019	The Tribunal issues a procedural order concerning the Claimant’s request of October 18, 2019 as completed on November 7, 2019.
December 2, 2019	The Tribunal issues a decision concerning the non-disputing party’s application of October 22, 2019.
March 31, 2020	The Claimant files a request for the Tribunal to decide on production of documents.
April 17, 2020	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
April 20, 2020	The Tribunal issues Procedural Order No. 14 concerning production of documents.
May 21, 2020	The Claimant files a reply on quantum.
June 4, 2020	The Claimant files observations on the Respondent’s response of May 20, 2020.
June 10, 2020	The Claimant files a further request for the Tribunal to decide on production of documents.
June 15, 2020	The Respondent files a response to the Claimant’s observations June 4, 2020.
June 18, 2020	The Claimant files further observations on the Respondent’s response of June 15, 2020.
June 18, 2020	The Respondent files observations on the Claimant’s request of June 10, 2020.
June 19, 2020	The Respondent files a request for the Tribunal to decide on production of documents.
June 19, 2020	The Respondent files a response to the Claimant’s further observations of June 18, 2020.
June 21, 2020	The Tribunal decides on the Respondent’s request of June 19, 2020.
June 22, 2020	The Tribunal issues Procedural Order No. 15 concerning production of documents.
September 18, 2020	The Respondent files a rejoinder on quantum.
October 19, 2020	The Tribunal issues Procedural Order No. 16 concerning procedural matters. The proceeding is suspended until November 13, 2020, pursuant to the parties’ agreement.
November 16, 2020	The suspension of the proceeding is extended until December 13, 2020, pursuant to the parties’ agreement.
December 15, 2020	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
April 13, 2021	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
June 4, 2021	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
October 4, 2021	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
November 26, 2021	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
February 10, 2022	The proceeding is resumed.
February 28, 2022	The Claimant files a request for provisional measures.
March 8, 2022	The Respondent files observations on the Claimant’s request for provisional measures of February 28, 2022.
March 14, 2022	The Claimant files a response to the Respondent’s observations of March 8, 2022.
March 17, 2022	The Respondent files a reply to the Claimant’s response of March 14, 2022.
April 1, 2022	The Tribunal issues Procedural Order No. 17 concerning provisional measures.
May 30, 2022	The Claimant files a recapitulative memorial on quantum.
June 1, 2022	The Respondent files a request for declaring parts of the Claimant’s submission of May 30, 2022 inadmissible.
June 3, 2022	The Claimant files observations on the Respondent’s request of June 1, 2022.
June 7, 2022	The Tribunal issues Procedural Order No. 18 concerning the Respondent’s request of June 1, 2022.
August 29, 2022	The Claimant files a request for the Tribunal to decide on production of documents.
September 1, 2022	The Claimant files observations on its request for the Tribunal to decide on the admissibility of new evidence.
September 6, 2022	The Respondent files a recapitulative memorial on quantum.
September 6, 2022	The Respondent files observations on the Claimant’s request for the Tribunal to decide on the admissibility of new evidence.
September 8, 2022	The Tribunal issues Procedural Order No. 19 concerning the admissibility of new evidence.
September 19, 2022	The Respondent files a request to strike part of the new evidence submitted by the Claimant.
September 21, 2022	The Claimant files observations on the Respondent’s request of September 19, 2022.
September 26, 2022	The Tribunal issues Procedural Oder No. 20 regarding the Respondent’s request of September 19, 2022.
September 29, 2022	The Claimant files a request regarding the Respondent’s expert evidence.
October 3, 2022	The Respondent files observations regarding the Claimant’s request of September 29, 2022.
October 4, 2022	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
October 4, 2022	The Tribunal issues Procedural Order No. 21 regarding the Claimant’s request of September 29, 2022.
October 6, 2022	The Respondent files observations on the Claimant’s request of October 4, 2022.
October 7, 2022	The Tribunal issues Procedural Order No. 22 concerning the admissibility of new evidence.
October 10, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 10, 2022	The Claimant files a request for reconsideration of Procedural Order No. 22.
October 11, 2022	The Respondent files observations on the Claimant’s request of October 10, 2022.
October 12, 2022	The Tribunal issues Procedural Order No. 24 concerning the organization of the hearing.
October 12, 2022	The Tribunal issues Procedural Order No. 23 concerning the request for reconsideration of Procedural Order No. 22.
November 8, 2022	The Tribunal issues Procedural Order No. 25 concerning procedural matters.
November 14, 2022 - November 16, 2022	The Tribunal holds a hearing on quantum in Paris.
March 7, 2023	Each party files a post-hearing brief.
April 7, 2023	Each party files a submission on costs.