Case Details

Biwater Gauff (Tanzania) Limited v. United Republic of Tanzania (ICSID Case No. ARB/05/22)

Subject of Dispute:

Water and sewer services concession agreement
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

BIT United Kingdom of Great Britain and Northern Ireland - Tanzania 1994 - Investment Law - Tanzania (1997)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Biwater Gauff (Tanzania) Limited (British)
Respondent(s):

United Republic of Tanzania (Tanzanian)
Date Registered:

November 2, 2005
Date of Constitution of Tribunal:

February 9, 2006

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by Co-Arbitrators
Arbitrators:

Gary B. BORN (U.S.) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, London, U.K.
Respondent(s):

Freshfields Bruckhaus Deringer, Amsterdam, Netherlands
Mkono & Co, Dar es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 24, 2008 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 3 of September 29, 2006, 2006, 22 ICSID Rev.—FILJ 181 (2007).

Procedural Order No. 5 of February 2, 2007, 2006, 22 ICSID Rev.—FILJ 217 (2007).

Introduction Note

Procedural Order No. 1

Procedural Order No. 3

Procedural Order No. 5

Procedural Order No. 1 of March 31, 2006, 22 ICSID Rev.—FILJ 155 (2007).

Procedural Order No. 6

Award

Concurring and Dissenting Opinion (Attached to the Award)

Procedural Order No.2 (Page 1-9)

Available on the ICSID Website

Introduction Note ()

Procedural Order No. 1 (March 31, 2006) English (Original)

Procedural Order No. 3 (September 29, 2006) English (Original)

Procedural Order No. 5 (February 2, 2007) English (Original)

Procedural Order No. 6 (April 25, 2007) English (Original)

Award (July 24, 2008) English (Original)

Concurring and Dissenting Opinion (Attached to the Award) (July 24, 2008) English (Original)

Procedural Order No.2 (Page 1-9) () English (Original)

(a) Original Proceeding

Date	Development
November 2, 2005	The Secretary-General registers a request for the institution of arbitration proceedings.
February 9, 2006	The Tribunal is constituted. Its members are: Bernard Hanotiau (Belgian), President; Gary B. Born (U.S.); and Toby T. Landau (British).
March 23, 2006	The Tribunal holds its first session in Paris.
March 31, 2006	The Tribunal issues a procedural order concerning the Claimant's request for provisional measures.
May 24, 2006	The Tribunal issues a procedural order concerning the parties' requests for production of documents.
July 7, 2006	The Claimant files a memorial on the merits.
September 29, 2006	The Tribunal issues a procedural order on the Claimant's application for provisional measures.
November 3, 2006	The Respondent files a counter-memorial on the merits.
November 27, 2006	The Centre receives a petition for amicus curiae participation.
December 22, 2006	The Tribunal issues a procedural order concerning the production of documents.
January 12, 2007	The Claimant files observations on the petition for amicus curiae participation.
January 26, 2007	The Claimant files a reply on the merits.
February 2, 2007	The Tribunal issues a procedural order concerning the petition for amicus curiae participation.
March 23, 2007	The Respondent files a rejoinder on the merits.
March 26, 2007	Five non-governmental organizations file an amicus curiae submission.
April 16, 2007 - April 21, 2007	The Tribunal holds a hearing on evidence at The Hague.
April 25, 2007	The Tribunal issues a procedural order concerning the procedural calendar.
July 6, 2007	The Tribunal holds a hearing on jurisdiction and the merits in London.
October 9, 2007	The parties file submissions on costs.
March 20, 2008	The Tribunal declares the proceeding closed.
July 24, 2008	The Tribunal renders its award.