Case Details

RSM Production Corporation v. Grenada (ICSID Case No. ARB/05/14)

Subject of Dispute:

Oil exploration contract
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

RSM Production Corporation (U.S.)
Respondent(s):

Grenada (Grenadian)
Date Registered:

August 5, 2005
Date of Constitution of Tribunal:

December 7, 2005

Composition of Tribunal

President:

V.V. VEEDER (British) - Appointed by Co-Arbitrators
Arbitrators:

Bernard AUDIT (French) - Appointed by the Claimant(s)
David S. BERRY (Canadian, U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Dewey & LeBoeuf, London, U.K.
Grand Auzas & Associés, Paris, France
Respondent(s):

Freshfields Bruckhaus Deringer, Paris, France, and Amsterdam, Netherlands
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 13, 2009 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

July 10, 2009 (Claimant(s))
Date of Constitution of ad hoc Committee:

August 17, 2009

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

President:

Gavan GRIFFITH (Australian)
Members:

Cecil W.M. ABRAHAM (Malaysian)
Campbell Alan MC LACHLAN (New Zealand)

Party Representatives

Claimant(s):

President & CEO, RSM Production Corporation, Denver, CO, U.S.A.
Respondent(s):

Freshfields Bruckhaus Deringer, Paris, France, Amsterdam, Netherlands, and New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 28, 2011 - The ad hoc Committee issues an order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).

(a) Annulment Proceeding

Published Decisions

Decision on the Application of RSM Production Corporation for a Preliminary Ruling

Available on the ICSID Website

Decision on the Application of RSM Production Corporation for a Preliminary Ruling (December 7, 2009) English (Original)

(a) Original Proceeding

Date	Development
August 5, 2005	The Secretary-General registers a request for the institution of arbitration proceedings.
December 7, 2005	The Tribunal is constituted. Its members are: V.V. Veeder (British), President; Bernard Audit (French); and David Berry (Canadian/U.S.).
January 16, 2006	The Tribunal holds its first session in London.
July 3, 2006	The Claimant files a memorial on the merits.
December 8, 2006	The Respondent files a counter-memorial on the merits.
December 21, 2006 - February 22, 2007	The Tribunal issues successive procedural orders concerning the production of documents, bifurcation of the proceeding, provisional measures, the procedural calendar and a U.S. court proceeding.
March 5, 2007	The Claimant files a reply on the merits.
May 9, 2007 - May 14, 2007	The Tribunal issues further procedural orders concerning provisional measures, bifurcation of the proceeding, production of documents and an application for security for costs.
May 25, 2007	The Respondent files a rejoinder on the merits.
June 18, 2007 - June 22, 2007	The Tribunal holds a hearing on the merits in London.
July 9, 2007	The parties file submissions on costs.
August 2, 2007	The Tribunal issues a procedural order concerning a U.S. court proceeding.
September 3, 2007	The Claimant submits an expert report.
September 6, 2007	The Respondent objects to the submission of the Claimant's expert report.
August 5, 2008	The Claimant files a request for the suspension of the proceeding.
August 8, 2008	The Respondent files observations on the Claimant’s request for the suspension of the proceeding.
August 22, 2008	The Tribunal issues a procedural order concerning the suspension of the proceeding.
January 15, 2009	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 4, 2009	The Claimant files a request for the introduction of new evidence.
February 24, 2009	The Tribunal issues a procedural order concerning the Claimant's request for the introduction of new evidence.
March 13, 2009	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
July 10, 2009	The Secretary-General registers an application for the institution of annulment proceedings.
August 17, 2009	The ad hoc Committee is constituted. Its members are: Gavan Griffith (Australian), President; Cecil W. M. Abraham (Malaysian); and Campbell McLachlan (New Zealand).
October 16, 2009	The ad hoc Committee holds a first session in London.
October 29, 2009	RSM Production Corporation files an application for a preliminary ruling.
November 16, 2009	Grenada files observations on the application of RSM Production Corporation. RSM Production Corporation files a memorial on annulment.
December 7, 2009	The ad hoc Committee issues a decision on the application of RSM Production Corporation for a preliminary ruling.
December 31, 2009	Grenada files a counter-memorial on annulment.
January 15, 2010	RSM Production Corporation files a reply on annulment.
March 26, 2010	The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
March 29, 2010	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
November 8, 2010	The Secretary-General moves that the ad hocCommittee discontinue the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
April 28, 2011	The ad hoc Committee issues an order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).