Case Details

Government of the Province of East Kalimantan v. PT Kaltim Prima Coal and others (ICSID Case No. ARB/07/3)

Subject of Dispute:

Coal mining contract
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Government of the Province of East Kalimantan (Indonesian)
Respondent(s):

BP International Limited (British), BP plc (British), Kalimantan Coal Limited (Mauritian), PT Kaltim Prima Coal (Indonesian), Pacific Resources Investment Limited (British), Rio Tinto plc (British), Sangatta Holding Limited (British)
Date Registered:

January 18, 2007
Date of Constitution of Tribunal:

April 12, 2007

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Albert Jan VAN DEN BERG (Dutch) - Appointed by the Respondent(s)
Michael HWANG (Singaporean) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

DNC Advocates At Work, Jakarta, Indonesia
Respondent(s):

Baker Botts, London, U.K.
Herbert Smith, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 28, 2009 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award on Jurisdiction

Available on the ICSID Website

Award on Jurisdiction (December 28, 2009) English (Original)

(a) Original Proceeding

Date	Development
January 18, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
April 12, 2007	The Tribunal is constituted. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President; Albert Jan van den Berg (Dutch); and Michael Hwang (Singaporean).
April 26, 2007	Certain Respondents file preliminary objections pursuant to ICSID Arbitration Rule 41(5).
May 18, 2007	The Claimant files observations on the preliminary objections.
June 13, 2007	The Tribunal holds its first session in London. Certain Respondents withdraw the preliminary objections.
August 31, 2007	The Respondents file separate memorials on jurisdiction.
November 22, 2007	The Claimant files a counter-memorial on jurisdiction.
December 20, 2007	The Respondents file separate replies on jurisdiction.
January 17, 2008	The Claimant files a rejoinder on jurisdiction.
February 5, 2008	The President of the Tribunal holds a procedural session with the parties by telephone conference.
February 11, 2008	The Tribunal issues a procedural order concerning the organization of the hearing on jurisdiction.
February 22, 2008	The Tribunal issues a procedural order concerning the organization of the hearing on jurisdiction.
February 27, 2008 - February 28, 2008	The Tribunal holds a hearing on jurisdiction in Singapore.
April 10, 2008	The parties file post-hearing briefs on jurisdiction.
April 24, 2008	The parties file submissions on costs.
June 24, 2008	The Claimant files a request for the revocation of the proceeding.
July 16, 2008	The Centre invites the Claimant to clarify its request of June 24, 2008.
August 4, 2008	The Tribunal invites the Respondents to file observations on the Claimant's request of June 24, 2008.
August 14, 2008	Certain Respondents inform the Tribunal that they do not object to the Claimant’s request of June 24, 2008.
August 15, 2008	The Claimant files a response to the Respondents’ observations of August 14, 2008.
August 28, 2008	The Tribunal issues a procedural order inviting the Respondents to state whether they oppose the Claimant's request of June 24, 2008, which the Tribunal understands to be a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
September 3, 2008	Certain Respondents inform the Tribunal that they do not object to the Claimant’s request for the discontinuance of the proceeding.
October 22, 2008	The proceeding is stayed until November 15, 2008.
November 21, 2008	PT Kaltim Prima Coal requests the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
January 9, 2009	The Claimant informs the Centre that it objects to the Respondents’ request for the discontinuance of the proceeding.
December 4, 2009	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 28, 2009	The Tribunal renders its award.