Case Details

Cambodia Power Company v. Kingdom of Cambodia (ICSID Case No. ARB/09/18)

Subject of Dispute:

Electricity generation and distribution operations
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Cambodia Power Company (Cambodian)
Respondent(s):

Kingdom of Cambodia (Cambodian)
Date Registered:

September 16, 2009
Date of Constitution of Tribunal:

January 8, 2010

Composition of Tribunal

President:

Neil KAPLAN (British) - Appointed by the Parties
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Toby LANDAU (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Macmillan Keck, New York, NY, U.S.A.
Starr & Partners, London, U.K.
William Frain-Bell, Hardwicke Chambers, London, U.K.
Respondent(s):

Freshfields Bruckhaus Deringer, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 22, 2013 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Decision on Claimant's Application Concerning Electricité du Cambodge

Decision on the Claimant’s Application to Exclude Mr. Lobit’s Witness Statement and Derivative Evidence

Amended Decision on the Claimant’s Application to Exclude Mr. Lobit’s Witness Statement and Derivative Evidence

Excerpts of the Award

Available on the ICSID Website

Decision on Jurisdiction (March 22, 2011) English (Original)

Decision on Claimant's Application Concerning Electricité du Cambodge (April 19, 2011) English (Original)

Decision on the Claimant’s Application to Exclude Mr. Lobit’s Witness Statement and Derivative Evidence (January 29, 2012) English (Original)

Amended Decision on the Claimant’s Application to Exclude Mr. Lobit’s Witness Statement and Derivative Evidence (February 14, 2012) English (Original)

Excerpts of the Award (April 22, 2013) English (Original)

(a) Original Proceeding

Date	Development
September 16, 2009	The Secretary-General registers a request for the institution of arbitration proceedings.
December 17, 2009	Following appointment by the Respondent Toby Landau (British) accepts his appointment as arbitrator.
December 22, 2009	Following appointment by the Claimant, John Beechey (British) accepts his appointment as arbitrator.
January 6, 2010	Following appointment by the parties, Neil Kaplan (British) accepts his appointment as presiding arbitrator.
January 8, 2010	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Neil Kaplan (British), President, appointed by agreement of the parties; John Beechey (British), appointed by the Claimant; and Toby Landau (British), appointed by the Respondent.
April 9, 2010	The Tribunal holds a first session at The Hague.
July 2, 2010	The Claimant files a memorial on liability.
July 20, 2010	The Respondents file objections to jurisdiction and a request to address the objections as a preliminary question.
July 30, 2010	The Claimant files observations on the Respondent’s objections to jurisdiction and request to address the objections as a preliminary question.
August 22, 2010	The Tribunal issues a decision on the Respondents’ request to address the objections to jurisdiction as a preliminary question.
September 27, 2010	The Claimant files a request to amend its memorial on liability and to file additional evidence.
September 28, 2010	The Respondents file observations on the Claimant’s request of September 27, 2010.
October 6, 2010	The Respondents file a memorial on jurisdiction.
November 3, 2010	The Tribunal issues a procedural order concerning the parties’ submissions on jurisdiction.
November 12, 2010	The Claimant files a counter-memorial on jurisdiction.
November 30, 2010	The President of the Tribunal holds a pre-hearing conference with the parties.
December 6, 2010 - December 7, 2010	The Tribunal holds a hearing on jurisdiction in Hong Kong.
March 22, 2011	The Tribunal issues a decision on jurisdiction.
March 25, 2011	The Claimant files a request for further relief.
March 31, 2011	The Respondent files observations on the Claimant’s request for further relief.
April 5, 2011	The Claimant files a response to the Respondent’s observations of March 31, 2011.
April 6, 2011	The Respondent files a reply to the Claimant’s response of April 5, 2011.
April 19, 2011	The Tribunal issues a decision on the Claimant’s request for further relief of March 25, 2011 and on the procedural calendar.
May 11, 2011	The Claimant files a memorial on quantum.
May 16, 2011	The Respondent files observations on the Claimant’s memorial on quantum.
May 19, 2011	The Claimant files a response to the Respondent’s observations of May 16, 2011.
May 26, 2011	The Tribunal holds a telephone conference with the parties.
May 30, 2011	The Tribunal issues a decision concerning the Claimant’s memorial on quantum and a new procedural calendar.
September 29, 2011	The Respondent files a counter-memorial on the merits.
October 26, 2011	The Claimant files a request for the exclusion of evidence
November 18, 2011	The Tribunal decides on the procedure concerning the admissibility of evidence.
December 2, 2011	The Respondent files observations on the Claimant's request for the exclusion of evidence.
December 13, 2011	The Claimant files a reply on the Claimant's request for the exclusion of evidence.
December 20, 2011	The Respondent files a rejoinder on the Claimant's request for the exclusion of evidence.
January 25, 2012 - January 26, 2012	The Tribunal holds a hearing on exclusion of evidence in Hong Kong.
January 29, 2012	The Tribunal issues a decision on the exclusion of evidence.
February 1, 2012	The Claimant files a request for the Tribunal to modify its decision of January 29, 2012.
February 13, 2012	The Respondent files observations on the Claimant's request for the Tribunal to modify its decision of January 29, 2012.
February 14, 2012	The Tribunal decides on the Claimant's request for the Tribunal to modify its decision of January 29, 2012.
March 2, 2012	The Claimant files a request for the Tribunal to decide on production of documents, including the Respondent's observations on the request.
March 15, 2012	The Tribunal issues a decision on production of documents.
March 23, 2012	The Claimant files a further request for the exclusion of evidence.
April 3, 2012	The Respondent files observations on the Claimant's further request for the exclusion of evidence.
April 5, 2012	The Claimant files a response to the Respondent's observations of April 3, 2012.
April 9, 2012	The Tribunal decides on the Claimant's further request for the exclusion of evidence.
April 23, 2012	The Respondent files observations on the Claimant's further request for the exclusion of evidence.
May 14, 2012	The Claimant files a reply on the merits.
May 20, 2012	The Claimant files a reply on its further request for the exclusion of evidence.
May 28, 2012	The Respondent files a rejoinder on the Claimant's further request for the exclusion of evidence.
August 7, 2012	The Respondent files a rejoinder on the merits.
September 10, 2012 - September 21, 2012	The Tribunal holds a hearing on the Merits in Paris.
November 15, 2012	The Respondent files a post-hearing brief.
November 16, 2012	The Claimant files a post-hearing brief.
November 29, 2012	Each party files a submission on costs.
March 19, 2013	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 22, 2013	The Tribunal renders its award.