Case Details

RSM Production Corporation v. Central African Republic (ICSID Case No. ARB/07/2)

Subject of Dispute:

Petroleum exploration and exploitation 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):

Central African Republic (Central African)
Date Registered:

January 18, 2007
Date of Constitution of Tribunal:

May 20, 2008

Composition of Tribunal

President:

Azzedine KETTANI (Moroccan) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Philippe MERLE (French) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Grand, Auzas & Associés, Paris, France
Respondent(s):

Bizon Ingénierie Juridique, Bangui, Central African Republic
Corinne Blanc, Paris, France
Jacques Vergès, Paris, France
Language(s) of Proceeding:

English,French
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 11, 2011 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 21, 2011 (Claimant(s))
Date of Constitution of ad hoc Committee:

December 20, 2011

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

President:

Bernardo M. CREMADES (Spanish)
Members:

Abdulqawi Ahmed YUSUF (Somali)
Fernando MANTILLA-SERRANO (Colombian)

Initial Composition of Tribunal

President:

Bernardo M. CREMADES (Spanish)
Arbitrators:

Nayla COMAIR-OBEID (French, Lebanese)
Fernando MANTILLA-SERRANO (Colombian)
Reconstituted:

March 5, 2012: Abdulqawi Ahmed YUSUF (Somali) appointed following the resignation of Nayla COMAIR-OBEID (French ,Lebanese)

Party Representatives

Claimant(s):

Reinhart Marville Torre, Paris, France
Respondent(s):

Cabinet Bizon Ingénierie Juridique, Bangui, Central African Republic
Ministre Délégué à la Présidence de la République Chargé des Mines, Bangui, Central African Republic
Language(s) of Proceeding:

French
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 20, 2013 - The ad hoc Committee issues its decision on the application for annulment.

(a) Original Proceeding

Published Decisions

Excerpts of Award

Available on the ICSID Website

Excerpts of Award (July 11, 2011) French (Original)

(b) Annulment Proceeding

Published Decisions

Excerpts of Decision on Annulment

Available on the ICSID Website

Excerpts of Decision on Annulment (February 20, 2013) French (Original)

(a) Original Proceeding

Date	Development
January 18, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
April 30, 2007	Following appointment by the Claimant, Philippe Merle (French) accepts his appointment as arbitrator.
June 21, 2007	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
May 16, 2008	Following appointment by the Chairman of the Administrative Council, Azzedine Kettani (Moroccan), accepts his appointment as presiding arbitrator.
May 20, 2008	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Azzedine Kettani (Moroccan), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Philippe Merle (French), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
July 21, 2008	The Tribunal holds a first session by telephone conference.
December 22, 2008	The Claimant files a memorial on the merits.
May 20, 2009	The Respondent files a counter-memorial on jurisdiction and the merits.
June 11, 2009	The Claimant files observations on the Respondent’s preliminary objections.
June 17, 2009	The Tribunal decides to join the Respondent's objections to jurisdiction to the merits.
September 21, 2009	The Claimant files a reply on jurisdiction and the merits.
January 25, 2010	The Respondent files a rejoinder on jurisdiction and the merits.
February 24, 2010 - February 26, 2010	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
April 1, 2010	The parties file post-hearing briefs.
June 15, 2010	The Claimant files a statement of costs.
July 21, 2010	The Respondent files a statement of costs.
December 7, 2010	The Tribunal issues a decision on jurisdiction and liability.
January 24, 2011	The Claimant files a memorial on quantum.
March 11, 2011	The Respondent files a counter-memorial on quantum.
June 9, 2011	The Tribunal declares the proceeding closed.
July 11, 2011	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 21, 2011	The Secretary-General registers an application for annulment of the award filed by RSM Production Corporation, and notifies the parties of the provisional stay of enforcement of the award.
December 20, 2011	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Bernardo M. Cremades (Spanish), President; Nayla Comair-Obeid (Lebanese); and Fernando Mantilla-Serrano (Colombian); all members appointed by the Chairman of the Administrative Council.
January 12, 2012	RSM Production Corporation files observations on the continuation of the stay of enforcement of the award.
January 21, 2012	The Central African Republic files a response to RSM Production Corporation's observations of January 12, 2012.
January 27, 2012	RSM Production Corporation files further observations on the Central African Republic's response of January 21, 2012.
February 2, 2012	The Central African Republic files a response to RSM Production Corporation's further observations of January 27, 2012.
February 6, 2012	The ad hoc Committee holds a first session and hearing on the stay of enforcement of the award by telephone conference.
February 10, 2012	RSM Production Corporation files a proposal for disqualification of ad hoc Committee member Nayla Comair-Obeid. The proceeding is suspended in accordance with ICSID Arbitration Rules 53 and 9(6).
February 17, 2012	The Central African Republic files observations on the proposal for disqualification.
February 27, 2012	Following the resignation of ad hoc Committee member Nayla Comair-Obeid, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding remains suspended.
March 5, 2012	The ad hoc Committee is reconstituted. Its members are: Bernardo M. Cremades (Spanish), President; Fernando Mantilla-Serrano (Colombian); and Abdulqawi Ahmed Yusuf (Somali); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12.
March 29, 2012	The ad hoc Committee issues a decision on termination of the stay of enforcement of the award.
March 30, 2012	RSM Production Corporation files a memorial on annulment.
May 31, 2012	The Central African Republic files a counter-memorial on annulment.
July 27, 2012	RSM Production Corporation files a reply on annulment.
September 30, 2012	The Central African Republic files a rejoinder on annulment.
December 5, 2012	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
December 18, 2012	The ad hoc Committee holds a hearing on annulment in Paris.
December 24, 2012	RSM Production Corporation files a submission on costs.
December 31, 2012	The Central African Republic files a submission on costs.
January 3, 2013	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
February 20, 2013	The ad hoc Committee issues its decision on the application for annulment.