Case Details

Carnegie Minerals (Gambia) Limited v. Republic of The Gambia (ICSID Case No. ARB/09/19)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Carnegie Minerals (Gambia) Limited (Gambian)
Respondent(s):

Republic of The Gambia (Gambian)
Date Registered:

October 23, 2009
Date of Constitution of Tribunal:

March 3, 2010

Composition of Tribunal

President:

Donald DONOVAN (U.S.) - Appointed by Co-Arbitrators
Arbitrators:

Jean Engelmayer KALICKI (U.S.) - Appointed by the Secretary-General
Philippe PINSOLLE (French, Swiss) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Clyde & Co, London, U.K.
Respondent(s):

Mayer Brown Rowe & Maw, Paris, France
Office of the President State House, Banjul, The Gambia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 14, 2015 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

November 19, 2015 (Respondent(s))
Date of Constitution of ad hoc Committee:

January 22, 2016

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

President:

Donald M. MCRAE (Canadian, New Zealand)
Members:

Dorothy Udeme UFOT (Nigerian)
Bernardo M. CREMADES (Spanish)

Initial Composition of Tribunal

President:

Donald M. MCRAE (Canadian, New Zealand) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Zhidong CHEN (Chinese) - Appointed by the Chairman of the Administrative Council
Bernardo M. CREMADES (Spanish) - Appointed by the Chairman of the Administrative Council
Reconstituted:

May 21, 2018: Dorothy Udeme UFOT (Nigerian) appointed following the resignation of Zhidong CHEN (Chinese)

Party Representatives

Claimant(s):

Mayer Brown Rowe & Maw, Paris, France
Respondent(s):

Clyde & Co, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 7, 2020 - The ad hoc Committee issues its decision on annulment.

(a) Annulment Proceeding

Published Decisions

Decision on Representation

Procedural Order No. 1

Procedural Order No. 2

Decision on the Gambia’s Request for a Continued Stay of Enforcement of the Award

Decision on Annulment

Available on the ICSID Website

Decision on Representation (October 7, 2016) English (Original)

Procedural Order No. 1 (January 23, 2017) English (Original)

Procedural Order No. 2 (August 20, 2018) English (Original)

Decision on the Gambia’s Request for a Continued Stay of Enforcement of the Award (October 18, 2018) English (Original)

Decision on Annulment (July 7, 2020) English (Original)

(a) Original Proceeding

Date	Development
October 23, 2009	The Deputy Secretary-General registers a request for the institution of arbitration proceedings.
March 3, 2010	The Tribunal is constituted. Its members are: Donald F. Donovan (U.S.), President; Jean Kalicki (U.S.); and Philippe Pinsolle (French).
April 27, 2010	The Tribunal holds a first session in Washington, D.C.
August 30, 2010	The Respondent files a proposal for disqualification of an arbitrator; the proceeding is suspended.
October 1, 2010	The Claimant files observations on the proposal for disqualification.
October 5, 2010	The arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
October 22, 2010	The Respondent files observations on the proposal for disqualification.
November 1, 2010	The Claimant files further observations on the proposal for disqualification.
November 27, 2010	The Tribunal issues Procedural Order No. 1 concerning the procedural calendar.
December 20, 2010	The Claimant files a memorial on the merits.
April 28, 2011	The Respondent files objections to jurisdiction; the proceeding on the merits is suspended in accordance with ICSID Arbitration Rule 41(3).
May 17, 2011	The proposal for disqualification of an arbitrator is declined; the proceeding is resumed.
June 17, 2011	The Tribunal issues a decision joining the objections to jurisdiction to the merits; the proceeding on the merits is resumed.
September 5, 2011	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
November 25, 2011	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
December 5, 2011	The Tribunal issues Procedural Order No. 3 concerning production of documents.
December 26, 2011	The Respondent files a reply on jurisdiction.
December 28, 2011	The Tribunal issues Procedural Order No. 4 concerning production of documents.
January 29, 2012	The Tribunal issues Procedural Order No. 5 concerning Gambian law issues.
January 30, 2012	The Respondent files rejoinder on the merits.
January 30, 2012	The Claimant files a rejoinder on jurisdiction.
February 15, 2012	The Tribunal issues Procedural Order No. 6, concerning hearing procedures.
February 19, 2012	The Tribunal issues Procedural Order No. 7, concerning production of documents.
February 22, 2012 - March 2, 2012	The Tribunal holds a hearing on jurisdiction and merits in London.
May 18, 2012	The Tribunal issues Procedural Order No. 8 concerning post-hearing procedures.
August 10, 2012	Each party files a post-hearing brief.
September 19, 2012	Each party files a reply post-hearing brief.
February 18, 2014	The Tribunal issues Procedural Order No. 9 concerning costs.
March 7, 2014	Each party files a submission on costs.
April 3, 2014	The Tribunal issues Procedural Order No. 10 concerning costs.
June 3, 2014	The Claimant files a statement of costs.
June 5, 2014	The Respondent files a statement of costs.
August 27, 2014	The Claimant files observations on the Respondent's statement of costs.
August 28, 2014	The Respondent files observations on the Claimant's statement of costs.
September 29, 2014	The Tribunal issues a decision on jurisdiction, admissibility, claim, counter-claim, and certain issues concerning damages. The Tribunal issues Procedural Order No. 11 concerning damages.
March 11, 2015	Each party files a submission on quantum.
April 13, 2015	Each party files observations on the other party’s submission of March 11, 2015.
June 24, 2015	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 14, 2015	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 19, 2015	The Secretary-General registers an application for annulment of the award filed by the Republic of The Gambia and notifies the parties of the provisional stay of enforcement of the award.
January 22, 2016	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Donald M. McRae (Canadian/New Zealand), President; Zhidong Chen (Chinese); and Bernardo M. Cremades (Spanish); all members appointed by the Chairman of the Administrative Council.
February 1, 2016	The ad hoc Committee extends the provisional stay of enforcement of the award.
January 8, 2017	The Republic of The Gambia files a request for the ad hoc Committee to decide on production of documents.
January 11, 2017	Carnegie Minerals (Gambia) Limited files observations on the Republic of The Gambia’s request for the ad hoc Committee to decide on production of documents.
January 13, 2017	The ad hoc Committee holds a first session by telephone conference.
January 23, 2017	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
March 7, 2017	The Acting Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
March 7, 2017	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
April 17, 2018	The proceeding is resumed following payment of the required advances.
April 23, 2018	Following the resignation of ad hoc Committee member Zhidong Chen, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
May 21, 2018	Following the resignation of Zhidong Chen, Dorothy Ufot (Nigerian) accepts her appointment as member of the committee, appointed by the Chairman of the Administrative Council in accordance with ICSID Arbitration Rules 11(1) and 53.
May 21, 2018	The ad hoc Committee is reconstituted. Its members are Donald McRae (Canadian/New Zealand), President; Bernardo Cremades (Spanish); and Dorothy Ufot (Nigerian); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 12 and 53.
June 13, 2018	The ad hoc Committee issues a decision on the procedural calendar.
June 28, 2018	The Republic of The Gambia files further observations on its request of January 8, 2017.
July 12, 2018	Carnegie Minerals (Gambia) Limited files observations on the Republic of The Gambia’s amended request of January 8, 2017.
July 18, 2018	The Republic of The Gambia files a response to Carnegie Minerals (Gambia) Limited’s further observations of July 12, 2018.
July 25, 2018	Carnegie Minerals (Gambia) Limited files further observations to the Republic of The Gambia’s response of July 18, 2018.
August 20, 2018	The ad hoc Committee issues Procedural Order No. 2 concerning the Republic of The Gambia’s request of January 8, 2017.
September 4, 2018	The Republic of The Gambia files observations on its request to continue the stay of enforcement of the award.
September 18, 2018	Carnegie Minerals (Gambia) Limited files observations on the Republic of The Gambia’s request to continue the stay of enforcement of the award.
September 26, 2018	The Republic of The Gambia files a response to Carnegie Minerals (Gambia) Limited’s observations of September 18, 2018.
October 5, 2018	Carnegie Minerals (Gambia) Limited files further observations on The Gambia’s response of September 26, 2018.
October 18, 2018	The ad hoc Committee issues a decision on the stay of enforcement of the award.
December 21, 2018	The Republic of The Gambia files a memorial on annulment.
January 29, 2019	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
August 8, 2019	The proceeding is resumed following payment of the required advances.
September 6, 2019	Carnegie Minerals (Gambia) Limited files a counter-memorial on annulment.
September 19, 2019	Carnegie Minerals (Gambia) Limited files a request for the dismissal of the application for annulment.
September 25, 2019	The Republic of The Gambia files observations on Carnegie Minerals (Gambia) Limited’s request of September 19, 2019.
October 15, 2019	The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.
January 9, 2020	The Republic of The Gambia files a request for the ad hoc Committee to decide on the admissibility of new evidence.
January 17, 2020	The President of the ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
January 22, 2020	The ad hoc Committee issues Procedural Order No. 4 concerning procedural matters.
January 30, 2020	The ad hoc Committee holds a hearing on annulment in London.
February 28, 2020	Each party files a statement of costs.
June 15, 2020	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
July 7, 2020	The ad hoc Committee issues its decision on annulment.