Case Details

Standard Chartered Bank v. United Republic of Tanzania (ICSID Case No. ARB/10/12)

Subject of Dispute:

Power purchase agreement
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT United Kingdom of Great Britain and Northern Ireland - Tanzania 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Standard Chartered Bank (British)
Respondent(s):

United Republic of Tanzania (Tanzanian)
Date Registered:

June 11, 2010
Date of Constitution of Tribunal:

September 27, 2010

Composition of Tribunal

President:

William W. PARK (Swiss, U.S.) - Appointed by Co-Arbitrators
Arbitrators:

Barton LEGUM (U.S.) - Appointed by the Respondent(s)
Michael C. PRYLES (Australian) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Herbert Smith Freehills, London, U.K.
Respondent(s):

Hunton & Williams, Washington, D.C., U.S.A.
Mkono & Co. Advocates, Dar es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 2, 2012 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

February 11, 2013 (Claimant(s))

Party Representatives

Claimant(s):

Herbert Smith Freehills, London, U.K.
Respondent(s):

Mkono & Co. Advocates, Dar es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 12, 2013 - The proceeding is suspended, pursuant to the parties’ agreement.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1 - English (Original) (March 25, 2011)

Procedural Order No. 2 - English (Original) (April 29, 2011)

Procedural Order No. 3 - English (Original) (May 4, 2011)

Procedural Order No. 4 - English (Original) (June 7, 2011)

Procedural Order No. 6 - English (Original) (August 1, 2011)

Procedural Order No. 7

Procedural Order No. 8

Procedural Order No. 9

Procedural Order No. 10

Procedural Order No. 11

Procedural Order No. 12 - English (Original) (April 3, 2012)

Procedural Order No. 13 - English (Original) (April 27, 2012)

Award - English (Original) (November 2, 2012)

Available on the ICSID Website

Procedural Order No. 7 (October 5, 2011) English (Original)

Procedural Order No. 8 (November 24, 2011) English (Original)

Procedural Order No. 9 (December 2, 2011) English (Original)

Procedural Order No. 10 (December 8, 2011) English (Original)

Procedural Order No. 11 (February 15, 2012) English (Original)

(a) Original Proceeding

Date	Development
June 11, 2010	The Secretary-General registers a request for the institution of arbitration proceedings.
July 7, 2010	Following appointment by the Claimant, Michael C. Pryles (Australian) accepts his appointment as arbitrator.
September 8, 2010	Following appointment by the Respondent, Barton Legum (U.S.) accepts his appointment as arbitrator.
September 27, 2010	Following appointment by the co-arbitrators, William W. Park (U.S./Swiss) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: William W. Park (U.S./Swiss), President, appointed by his co-arbitrators; Michael C. Pryles (Australian), appointed by the Claimant; and Barton Legum (U.S.), appointed by the Respondent.
November 23, 2010	The Tribunal holds a first session by telephone conference.
January 14, 2011	The Respondent files objections to jurisdiction. The Respondent files a request for production of documents.
February 24, 2011	Each party files a request for production of documents.
March 7, 2011	Each party files observations on the other party’s request for production of documents.
March 8, 2011	The Respondent files a response to the Claimant's observations of March 7, 2011.
March 17, 2011	The Tribunal holds a hearing on procedural issues in London.
March 25, 2011	The Tribunal issues a procedural order concerning production of documents.
April 27, 2011	Each party files a request concerning confidentiality of documents.
April 29, 2011	The Tribunal issues a further procedural order concerning confidentiality.
May 4, 2011	The Tribunal issues a further procedural order concerning confidentiality.
June 7, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
June 17, 2011	The Tribunal issues a further procedural order concerning production of documents.
June 23, 2011	The Respondent files a memorial on jurisdiction.
August 1, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
August 14, 2011	The Claimant files a counter-memorial on jurisdiction.
October 5, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
October 10, 2011	The Respondent files a reply on jurisdiction.
November 17, 2011	The Claimant files an expert report.
November 18, 2011	The Respondent files a request for the exclusion of evidence.
November 22, 2011	The Claimant files observations on the Respondent's request of November 18, 2011.
November 23, 2011	The Respondent files a response to the Claimant's observations of November 22, 2011.
November 24, 2011	The Tribunal issues a procedural order concerning the Respondent's request of November 18, 2011.
November 30, 2011	The Respondent files a request for the Tribunal to reconsider the procedural order of November 24, 2011.
December 2, 2011	The Claimant files observations on the Respondent's request of November 30, 2011. The Respondent files a response to the Claimant's observations. The Tribunal issues a procedural order concerning the Respondent's request of of November 30, 2011. The Claimant files a rejoinder on jurisdiction.
December 5, 2011	As requested by the Tribunal in its procedural order of December 2, 2011, the Respondent files observations on procedural matters. The Claimant files a response to the Respondent's observations.
December 7, 2011	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
December 8, 2011	The Tribunal issues a procedural order concerning the procedural calendar and the organization of the hearing on jurisdiction.
December 12, 2011	Further to the Tribunal's procedural order of December 8, 2011, the Respondent files an additional witness statement and expert reports.
December 13, 2011 - December 15, 2011	The Tribunal holds a hearing on jurisdiction in London.
January 27, 2012	Each party files a post-hearing brief.
February 15, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
February 27, 2012	Each party files a reply post-hearing brief.
April 3, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
April 27, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
May 3, 2012	Each party files a submission on costs.
May 30, 2012	Each party files observations on the other party’s submission on costs.
November 2, 2012	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 2, 2012	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
February 11, 2013	The Secretary-General registers an application for annulment of the award filed by Standard Chartered Bank.
March 12, 2013	The proceeding is suspended, pursuant to the parties’ agreement.