Case Details

Malaysian Historical Salvors, SDN, BHD v. Malaysia (ICSID Case No. ARB/05/10)

Proceeding Materials Procedural Details

  • Salvage contract
  • Water, Sanitation & Flood Protection
  • BIT Malaysia - United Kingdom of Great Britain and Northern Ireland 1981
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Malaysian Historical Salvors, SDN, BHD (Malaysian)
    • Malaysia (Malaysian)
    • June 14, 2005
    • November 1, 2005

      Composition of Tribunal

    • Michael HWANG (Singaporean) - Appointed by the Secretary-General

      Party Representatives

    • The Eren Law Firm, Washington, D.C., U.S.A.
    • Attorney-General's Chambers of Malaysia, Kuala Lumpur, Malaysia
      Lee Hishamuddin Allen & Gledhill, Kuala Lumpur, Malaysia
      Shearn Delamore, Kuala Lumpur, Malaysia
    • English
    • Concluded
    • May 17, 2007 - The Sole Arbitrator renders the award.

    (b) Annulment Proceeding

    • Claimant(s)
    • September 17, 2007 (Claimant(s))
    • October 30, 2007

      Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

    • Stephen M. SCHWEBEL (U.S.)
    • Mohamed SHAHABUDDEEN (Guyanese)
      Peter TOMKA (Slovak)

      Party Representatives

    • Shearman and Sterling, Paris, France and Singapore, Republic of Singapore
    • Attorney General's Chamber of Malaysia
      Latham & Watkins, London, U.K.
      Zul Rafique & Partners
    • English
    • Concluded
    • April 16, 2009 - The ad hoc Committee issues its decision on the application for annulment.

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (May 17, 2007) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Application for Annulment

Dissenting Opinion (attached to the Decision on the Application for Annulment)

Available on the ICSID Website

Decision on the Application for Annulment (April 16, 2009) English (Original)

Dissenting Opinion (attached to the Decision on the Application for Annulment) (April 16, 2009) English (Original)

(a) Original Proceeding

Date Development
June 14, 2005 The Secretary-General registers a request for the institution of arbitration proceedings.
November 1, 2005 The Tribunal is constituted. The Sole Arbitrator is Michael Hwang (Singaporean).
December 29, 2005 The Sole Arbitrator holds a first session at The Hague.
March 16, 2006 The parties file memorials on jurisdiction.
April 24, 2006 The parties file replies on jurisdiction.
December 14, 2006 The Respondent files a further post-hearing brief.
December 19, 2006 The Claimant files a further post-hearing brief.
March 22, 2007 The parties file additional post-hearing briefs.
May 17, 2007 The Sole Arbitrator renders the award.

(b) Annulment Proceeding

Date Development
September 17, 2007 The Secretary-General registers an application for the institution of annulment proceedings.
October 30, 2007 The ad hoc Committee is constituted. Its members are: Stephen M. Schwebel (U.S.), President; Mohamed Shahabuddeen (Guyanese); and Peter Tomka (Slovak).
March 31, 2008 The ad hoc Committee holds a first session at The Hague.
May 30, 2008 Malaysian Historical Salvors files a memorial on annulment.
September 15, 2008 Malaysia files a counter-memorial on annulment.
October 13, 2008 Malaysian Historical Salvors files a reply on annulment.
November 10, 2008 Malaysia files a rejoinder on annulment.
December 3, 2008 The ad hoc Committee holds a hearing on annulment at The Hague.
April 16, 2009 The ad hoc Committee issues its decision on the application for annulment.