Case Details

Participaciones Inversiones Portuarias SARL v. Gabonese Republic (ICSID Case No. ARB/08/17)

Subject of Dispute:

Concession regarding two ports
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Belgium-Luxembourg - Gabon 1998 - Investment Law - Gabon (1998)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Participaciones Inversiones Portuarias Sàrl (Luxembourg)
Respondent(s):

Gabonese Republic (Gabonese)
Date Registered:

December 16, 2008
Date of Constitution of Tribunal:

June 9, 2009

Composition of Tribunal

President:

Jan PAULSSON (French) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Ibrahim FADLALLAH (French, Lebanese) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Orrick Rambaud Martel, Paris, France
Respondent(s):

Shearman & Sterling, Paris, France
Language(s) of Proceeding:

French
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 10, 2011 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

(a) Original Proceeding

Published Decisions

Decision on Proposal for Disqualification of an Arbitrator

Available on the ICSID Website

Decision on Proposal for Disqualification of an Arbitrator (November 12, 2009) French (Original)

(a) Original Proceeding

Date	Development
December 16, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 9, 2009	The Tribunal is constituted. Its members are: Jan Paulsson (French), President; Ibrahim Fadlallah (Lebanese/French); and Brigitte Stern (French).
July 25, 2009	The Tribunal holds a first session in Paris. The Claimant files a proposal for disqualification of an arbitrator; the proceeding is suspended.
August 14, 2009	The Respondent files observations on the proposal for disqualification.
September 7, 2009	The Claimant files observations on the proposal for disqualification of an arbitrator.
September 14, 2009	The Respondent files a response to the Claimant’s observations of September 7, 2009.
September 22, 2009	The arbitrator furnishes explanations in regard to the proposal for disqualification.
November 12, 2009	The proposal for disqualification of an arbitrator is declined; the proceeding is resumed.
December 15, 2009	The Tribunal issues a procedural order concerning the procedural calendar and the Respondent's representation.
January 23, 2010	The Claimant files a memorial on the merits.
March 15, 2010	The Respondent informs the Tribunal of its intent to file preliminary objections to jurisdiction and files a request to deal with the objections to jurisdiction as a preliminary matter. The Respondent files a request for production of documents.
March 26, 2010	The Claimant files observations on the Respondent’s request to deal with the objections to jurisdiction as a preliminary matter.
April 2, 2010	The Tribunal issues a decision on the Respondent’s request to deal with the objections to jurisdiction as a preliminary matter.
April 5, 2010	The Claimant files observations on the Respondent’s request for production of documents.
April 15, 2010	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
April 16, 2010	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
December 7, 2010	The Secretary-General moves that the Tribunal discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
January 10, 2011	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).