Case Details

Millicom International Operations B.V. and Sentel GSM S.A. v. Republic of Senegal (ICSID Case No. ARB/08/20)

Proceeding Materials Procedural Details

  • Telecommunications enterprise
  • Information & Communication
  • BIT Senegal - Netherlands 1979 - Contract
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Millicom International Operations B.V. (Dutch), Sentel GSM S.A. (Senegalese)
    • Republic of Senegal (Senegalese)
    • December 31, 2008
    • June 12, 2009

      Composition of Tribunal

    • Pierre TERCIER (Swiss) - Appointed by Co-Arbitrators
    • Ronny ABRAHAM (French) - Appointed by the Respondent(s)
      Kaj HOBÉR (Swedish) - Appointed by the Claimant(s)

      Party Representatives

    • Allen & Overy, London, U.K.
    • Carbonnier Lamaze Rasle & Associés, Paris, France
      King & Spalding, Paris, France
    • English,French
    • Concluded
    • November 27, 2012 - The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).

(a) Original Proceeding

Published Decisions

Decision on the Application for Provisional Measures

Decision on Jurisdiction

Available on the ICSID Website

Decision on the Application for Provisional Measures (December 9, 2009) English (Original); French (Original)

Decision on Jurisdiction (July 16, 2010) English (Original); French (Original)

(a) Original Proceeding

Date Development
December 31, 2008 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 12, 2009 The Tribunal is constituted. Its members are: Pierre Tercier (Swiss), President; Ronny Abraham (French); and Kaj Hobér (Swedish).
August 24, 2009 The Claimants file a request for provisional measures.
August 25, 2009 The Tribunal invites the Respondent to file observations on the Claimants’ request for provisional measures.
September 7, 2009 The Tribunal holds a first session in Paris.
September 14, 2009 The Tribunal issues a procedural order on various procedural matters.
October 5, 2009 The Respondent files observations on the Claimants' request for provisional measures.
October 29, 2009 The Respondent files a memorial on objections to jurisdiction.
November 9, 2009 The Tribunal holds a hearing on provisional measures in Paris.
December 7, 2009 The Tribunal issues a procedural order concerning hearing transcripts.
December 9, 2009 The Tribunal issues a decision on provisional measures.
December 14, 2009 The Claimants file a counter-memorial on jurisdiction.
The Tribunal issues a procedural order concerning the procedural calendar.
January 15, 2010 The Respondent files a reply on jurisdiction.
February 12, 2010 The Claimants file a rejoinder on jurisdiction.
March 3, 2010 The Tribunal holds a pre-hearing conference with the parties by telephone.
April 1, 2010 The Tribunal holds a hearing on jurisdiction in Paris.
July 16, 2010 The Tribunal issues a decision on jurisdiction.
August 17, 2010 The Claimants file an application for modification of provisional measures recommended by the Tribunal on December 9, 2009.
September 6, 2010 The Respondent files observations on the Claimants’ application of August 17, 2010.
September 8, 2010 The Claimants file a response to the Respondent’s observations of September 6, 2010.
September 13, 2010 The Respondent files observations on the Claimants' response of September 8, 2010.
September 15, 2010 The Tribunal issues a procedural order concerning provisional measures.
October 20, 2010 The Tribunal holds a hearing on provisional measures in Paris.
October 29, 2010 The Tribunal issues a decision on provisional measures.
November 26, 2010 The Claimants file a memorial on the merits.
December 21, 2010 The Tribunal issues a procedural order concerning the procedural calendar.
March 25, 2011 The Respondent files a counter-memorial on the merits, including a counter-claim.
May 6, 2011 Each party files a request for production of documents.
May 26, 2011 The Tribunal issues a procedural order concerning production of documents.
June 29, 2011 The Claimants file a reply on the merits and a counter-memorial on the counter-claim.
July 1, 2011 The Claimants file a renewed request for production of documents.
July 11, 2011 The Tribunal issues a decision on production of documents.
October 7, 2011 The Respondent files a rejoinder on the merits and a reply on the counter-claim.
November 18, 2011 The Claimants file a rejoinder on the counter-claim.
November 30, 2011 - December 6, 2011 The Tribunal holds a hearing on the merits in Paris.
December 16, 2011 The Tribunal issues a procedural order concerning the procedural calendar.
January 27, 2012 Each party files a post-hearing brief.
February 17, 2012 Each party files a reply post-hearing brief.
March 16, 2012 Each party files a submission on costs.
March 19, 2012 The Respondent files a request for the admissibility of new evidence and the examination of a witness.
March 28, 2012 The Claimants file observations on the Respondent’s request of March 19, 2012.
April 9, 2012 The Respondent files a response to the Claimants’ observations of March 28, 2012.
April 19, 2012 The Claimants file observations on the Respondent's response of April 9, 2012.
May 7, 2012 The Tribunal issues a procedural order concerning the admissibility of new evidence and the examination of a witness.
August 31, 2012 The proceeding is suspended until November 27, 2012, pursuant to the parties’ agreement.
November 8, 2012 The parties file the full and signed settlement and request the Tribunal to embody their settlement in an award.
November 20, 2012 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 27, 2012 The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).