Case Details

Bernhard von Pezold and others v. Republic of Zimbabwe (ICSID Case No. ARB/10/15)

Proceeding Materials Procedural Details

  • Commercial farms
  • Agriculture, Fishing & Forestry
  • BIT Zimbabwe - Germany 1995, BIT Zimbabwe - Switzerland 1996
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Felix Alard Moritz Hermannn Kilian von Pezold (Swiss,German), Adam Friedrich Carl Leopold Franz Severin von Pezold (Swiss,German), Elisabeth Regina Maria Gabriele von Pezold (Swiss,German), Anna Eleonore Elisabeth Webber (Swiss,German), Johann Friedrich Georg Ludwig von Pezold (Swiss,German), Maria Juliane Andrea Christiane Katharina Batthyàny (Swiss,German), Bernhard Friedrich Arnd Rüdiger von Pezold (German), Heinrich Bernd Alexander Josef von Pezold (Swiss,German), Georg Philipp Marcel Johann Lukas von Pezold (Swiss,German)
    • Republic of Zimbabwe (Zimbabwean)
    • July 8, 2010
    • December 9, 2010

      Party Representatives

    • Steptoe & Johnson, London, U.K.
      Wiley Rein, Washington, D.C., U.S.A.
    • Attorney General
      Kimbrough & Associés, Paris, France
    • English
    • Concluded
    • July 28, 2015 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • November 2, 2015
    • December 21, 2015

      Party Representatives

    • Charles O. Verrill, Jr., Washington, D.C., U.S.A.
      Steptoe & Johnson UK, London, U.K.
    • Attorney General
      Kimbrough & Associés, Paris, France
    • English
    • Concluded
    • November 21, 2018 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Date Development
July 8, 2010 The Secretary-General registers a request for the institution of arbitration proceedings.
September 2, 2010 Following appointment by the Claimants, David A.R. Williams (New Zealand) accepts his appointment as arbitrator.
October 19, 2010 Following appointment by the Respondent, A. Peter Mutharika (Malawian) accepts his appointment as arbitrator.
December 7, 2010 Following appointment by his co-arbitrators, L. Yves Fortier (Canadian) accepts his appointment as presiding arbitrator.
December 9, 2010 The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: L. Yves Fortier (Canadian), President, appointed by agreement of his co-arbitrators; David A.R. Williams (New Zealand), appointed by the Claimants; A. Peter Mutharika (Malawian), appointed by the Respondent.
February 7, 2011 The Tribunal holds a first session in London.
The Claimants file a request for further disclosure by one of the arbitrators.
March 29, 2011 The arbitrator files responses to the Claimants’ request of February 7, 2011.
April 13, 2011 The Claimants file a request for production of documents.
April 19, 2011 The Respondent files further observations on the Claimants' request for production of documents.
April 26, 2011 The Respondent files observations on the Claimants’ request for production of documents.
May 3, 2011 The Claimants file a response to the Respondent’s observations of April 26, 2011.
May 11, 2011 The Claimants file a further response to the Respondent's observations of April 26 and 29, 2011.
June 17, 2011 The Respondent files further observations on the Claimants' request for production of documents.
June 22, 2011 Following the resignation of arbitrator A. Peter Mutharika, the Centre notifies the parties of the vacancy on the Tribunal; the proceeding is suspended.
July 1, 2011 The Tribunal consents to the resignation of the arbitrator pursuant to ICSID Arbitration Rule 8(2) and the Centre notifies the parties thereof.
September 6, 2011 Following the resignation of arbitrator A. Peter Mutharika, An Chen (Chinese) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).
September 15, 2011 The Tribunal is reconstituted. Its members are: L. Yves Fortier (Canadian), President, appointed by agreement of the parties; David A.R. Williams (New Zealand), appointed by the Claimants; and An Chen (Chinese), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
October 31, 2011 The Tribunal issues Procedural Order No. 1 concerning production of documents.
November 15, 2011 The Claimants file a memorial on the merits.
May 23, 2012 Several non-disputing parties file a joint application to (i) file a written submission pursuant to ICSID Arbitration Rule 37(2), (ii) access the disputing parties' written pleadings, and (iii) attend the oral procedure pursuant to ICSID Arbitration Rule 32(2).
June 6, 2012 The Claimants file observations on the non-disputing parties' joint application.
June 12, 2012 The Claimants file a request for provisional measures.
June 13, 2012 The President of the Tribunal issues directions concerning the Claimants' request of June 12, 2012.
June 26, 2012 The Tribunal issues Procedural Order No. 2 concerning the non-disputing parties' application of May 23, 2012.
August 11, 2012 The Respondent files a counter-memorial on the merits.
September 1, 2012 The Respondent files further evidence in support of its counter-memorial on the merits.
October 1, 2012 The Claimants file a request for the Tribunal to decide on production of documents.
October 5, 2012 The Respondent files observations on the Claimants' request for the Tribunal to decide on production of documents.
October 12, 2012 The Claimants file a reply on the merits and present ancillary claims.
December 14, 2012 The Respondent files a rejoinder on the merits, including objections to jurisdiction and observations on the Claimants' ancillary claims.
December 20, 2012 The Claimants file a request for the Tribunal to decide on the admissibility of the Respondent's objections to jurisdiction and certain arguments contained in the Respondent's rejoinder.
December 28, 2012 The Respondent files observations on the Claimants’ request of December 20, 2012.
December 31, 2012 The Claimants file a response to the Respondent's observations of December 28, 2012.
January 2, 2013 The Respondent files observations on the Claimants' response of December 31, 2012.
January 11, 2013 The Tribunal issues Procedural Order No. 3 concerning the Claimants' request of December 20, 2012 and the procedural calendar.
March 1, 2013 The Claimants file observations on the Respondent's rejoinder, including a response to the Respondent's observations on the Claimants' ancillary claims.
March 6, 2013 The Claimants file a request for provisional measures.
March 8, 2013 The Claimants file a further request for provisional measures.
The Tribunal issues directions concerning the Claimants' further request for provisional measures.
The Respondent files observations on the Claimants' request of March 6, 2013.
March 11, 2013 The Respondent files observations on the Claimants' further request for provisional measures of March 8, 2013.
The Claimants file a response to the Respondent's observations of March 8, 2013.
March 13, 2013 The Claimants file a response to the Respondent's observations of March 11, 2013.
March 16, 2013 The Tribunal issues Procedural Order No. 4 concerning the Claimants' request for provisional measures of March 6, 2013.
March 19, 2013 The Respondent files a reply to the Claimant's response of March 13, 2013.
March 20, 2013 The Claimants file observations on the Respondent's reply of March 19, 2013.
March 22, 2013 The Respondent files a response to the Claimants' observations of March 20, 2013.
April 3, 2013 The Tribunal issues Procedural Order No. 5 concerning the Claimants' further request for provisional measures of March 8, 2013.
April 19, 2013 The Respondent files a response to the Claimants' observations on the Respondent's rejoinder.
May 8, 2013 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 10, 2013 The Claimants file observations on the Respondent’s request of May 8, 2013.
May 10, 2013 The Tribunal decides on the admissibility of new evidence.
May 15, 2013 The Claimants file an updated request for relief.
May 19, 2013 Following the resignation of arbitrator An Chen, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
July 3, 2013 Following the resignation of arbitrator An Chen, Michael Hwang (Singaporean) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).

The Tribunal is reconstituted. Its members are: L. Yves Fortier (Canadian), President, appointed by agreement of the parties; David A.R. Williams (New Zealand), appointed by the Claimants; and Michael Hwang (Singaporean), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
July 5, 2013 The Claimants file a request for provisional measures.
July 9, 2013 The Respondent files observations on the Claimants' request of July 5, 2013.
July 18, 2013 The Claimants file observations to the Respondent's submission of April 19, 2013, and a request for the exclusion of certain arguments and evidence contained in the Respondent's submission of April 19, 2013.
July 22, 2013 The Tribunal issues Procedural Order No. 6 concerning the Claimants' request for provisional measures of July 5, 2013.
July 29, 2013 The Respondent files observations on the Claimants' request of July 18, 2013.
August 2, 2013 The Claimants file a response to the Respondent's observations of July 29, 2013.
August 5, 2013 The Respondent files a reply to the Claimants' response of August 2, 2013.
August 8, 2013 The Tribunal issues Procedural Order No. 7 concerning the Claimants' request of July 18, 2013.
August 10, 2013 The Respondent files a request for clarification of Procedural Order No. 7.
August 12, 2013 The Tribunal decides on the Respondent’s request of August 10, 2013.
August 15, 2013 The Respondent files an addendum to its submission of April 19, 2013.
September 9, 2013 The Respondent files observations on the Claimants' updated request for relief of May 15, 2013.

The Claimants file observations on the Respondent's submission of August 15, 2013.
September 23, 2013 The Respondent files a request for the Tribunal to reconsider certain matters decided in Procedural Order No. 7.
September 25, 2013 The Tribunal issues Procedural Order No. 8 concerning the Respondent's request of September 23, 2013.
September 26, 2013 The Claimants' file a response to the Respondent's observations of September 9, 2013.

The Respondent files a response to the Claimants' observations of September 9, 2013.
October 2, 2013 The Respondent files a request concerning procedural matters and the admissibility of evidence.
October 11, 2013 The Tribunal holds a telephone conference with parties on the Respondent's requests of October 2, 2013.
October 15, 2013 The Tribunal issues Procedural Order No. 9 concerning procedural matters and the admissibility of evidence.
October 16, 2013 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 27, 2013 The Claimants file a request for provisional measures.
October 28, 2013 The Respondent files observations on the Claimants' request for provisional measures.

The Claimants withdraw their request for provisional measures.
October 28, 2013 - November 2, 2013 The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
November 29, 2013 The Respondent files materials requested by the Tribunal during hearing on jurisdiction and the merits.
December 23, 2013 The Claimants file observations on the materials filed by the Respondent on November 29, 2013.
February 24, 2014 The Tribunal issues Procedural Order No. 10 concerning post-hearing procedural matters.
May 7, 2014 Each party files a post-hearing brief.
June 6, 2014 The Claimants file a written submission concerning the Respondent's post-hearing brief.
July 15, 2014 The Tribunal issues Procedural Order No. 11 concerning post-hearing procedural matters.
September 5, 2014 The Tribunal issues Procedural Order No. 12 concerning post-hearing procedural matters.
December 1, 2014 Each party files a submission on costs.
December 18, 2014 Each party files observations on the other party’s submission on costs.
December 23, 2014 The Tribunal issues Procedural Order No. 13 concerning post-hearing procedural matters.
February 3, 2015 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 2, 2015 The Tribunal extends the period to draw up and sign its award.
July 28, 2015 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
November 2, 2015 The Secretary-General registers an application for annulment of the award filed by the Republic of Zimbabwe, and notifies the parties of the provisional stay of enforcement of the award.
December 21, 2015 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: are: Veijo Heiskanen (Finnish), President; Jean Kalicki (U.S.); and Azzedine Kettani (Moroccan); all members appointed by the Chairman of the Administrative Council.
February 1, 2016 The ad hoc Committee holds a first session by telephone conference.
February 11, 2016 The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
February 23, 2016 The Republic of Zimbabwe files a request for provisional measures.
March 2, 2016 Bernhard von Pezold and others file a response to the Republic of Zimbabwe’s request for provisional measures.
March 17, 2016 The ad hoc Committee issues a decision on provisional measures.
April 4, 2016 The Republic of Zimbabwe files a memorial on the continuation of the stay of enforcement of the award.
June 11, 2016 Bernhard von Pezold and others file a counter-memorial on the continuation of the stay of enforcement of the award.
July 1, 2016 The Republic of Zimbabwe files a reply on the continuation of the stay of enforcement of the award.
July 31, 2016 Bernhard von Pezold and others file a rejoinder on the continuation of the stay of enforcement of the award.
September 12, 2016 The Republic of Zimbabwe files a request for provisional measures.
September 23, 2016 Bernhard von Pezold and others file a response to the Republic of Zimbabwe’s request for provisional measures.
October 13, 2016 The ad hoc Committee issues a decision on provisional measures.
December 7, 2016 The President holds a pre-hearing organizational meeting with the parties by telephone conference.
December 14, 2016 - December 15, 2016 The ad hoc Committee holds a hearing on the stay of enforcement of the award in Paris.
March 9, 2017 The Republic of Zimbabwe files a post-hearing brief.
March 10, 2017 Bernhard von Pezold and others file a post-hearing brief.
April 24, 2017 The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award.
May 3, 2017 The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
June 7, 2017 The Republic of Zimbabwe files a memorial on annulment.
July 24, 2017 The Republic of Zimbabwe files a request for provisional measures.
July 28, 2017 Bernhard von Pezold and others file observations on the Republic of Zimbabwe’s request for provisional measures.
August 22, 2017 The ad hoc Committee issues a decision on provisional measures.
September 25, 2017 The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.
October 8, 2017 Bernhard von Pezold and others file a counter-memorial on annulment.
January 15, 2018

The Republic of Zimbabwe files a reply on annulment.
March 4, 2018

Bernhard von Pezold and others file a rejoinder on annulment.
March 9, 2018

The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
April 3, 2018 - April 5, 2018

The ad hoc Committee holds a hearing on annulment in Paris.
June 29, 2018

Each party files a post-hearing brief.
July 20, 2018

Each party files a submission on costs.
July 31, 2018

Each party files a reply submission on costs.
September 24, 2018

The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
November 21, 2018

The ad hoc Committee issues its decision on annulment.