Case Details

Fondel Metal Participations B.V. v. Republic of Azerbaijan (ICSID Case No. ARB/07/1)

Subject of Dispute:

Aluminium and alumina production company
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Fondel Metal Participations B.V. (Dutch)
Respondent(s):

Republic of Azerbaijan (Azerbaijani)
Date Registered:

January 9, 2007
Date of Constitution of Tribunal:

May 31, 2007

Composition of Tribunal

President:

David A.R. WILLIAMS (New Zealand) - Appointed by Co-Arbitrators
Arbitrators:

J. William ROWLEY (British, Canadian) - Appointed by the Respondent(s)
Stephen M. SCHWEBEL (U.S.) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Clyde & Co., London, U.K.
Toby Landau, London, U.K.
Respondent(s):

Allen & Overy, London, U.K.
Ministry of Economic Development, Baku, Azerbaijan
State Committee for Management of State Property, Baku, Azerbaijan
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 23, 2009 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
January 9, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
May 31, 2007	The Tribunal is constituted. Its members are: David A.R. Williams (New Zealand), President; J. William Rowley (Canadian/British); and Stephen M. Schwebel (U.S.).
July 18, 2007	The Claimant files a request for provisional measures and for the Tribunal to decide on production of documents.
July 19, 2007	The Tribunal holds a first session in London.
August 29, 2007	The Respondent files observations on the Claimant's requests for provisional measures and for the Tribunal to decide on production of documents.
September 12, 2007	The Claimant files a response to the Respondent’s observations of August 29, 2007.
September 17, 2007	The Tribunal holds a hearing on production of documents and provisional measures in London.
December 12, 2007	The Claimant files a memorial on the merits.
February 13, 2008	The Claimant files a request for the Tribunal to decide on production of documents.
February 21, 2008	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
April 4, 2008	The Claimant withdraws its request for the Tribunal to decide on production of documents.
May 2, 2008	The Tribunal issues Procedural Order No. 1 concerning the procedural calendar.
July 17, 2008	The Claimant files a memorial on quantum.
September 26, 2008	The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.
November 6, 2008	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
November 24, 2008	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
December 2, 2008	The President of the Tribunal holds a meeting with the parties on production of documents by telephone conference.
December 9, 2008	The Tribunal issues Procedural Order No 3 concerning production of documents.
December 19, 2008	The proceeding is suspended until December 31, 2008, pursuant to the parties' agreement.
December 31, 2008	The Respondent files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
January 6, 2009	The Tribunal invites the Claimant to state whether it opposes the Respondent's request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
January 13, 2009	The Claimant informs the Centre that it does not object to the Respondent's request for the discontinuance of the proceeding.
January 23, 2009	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).