Case Details

Standard Chartered Bank (Hong Kong) Limited v. Tanzania Electric Supply Company Limited (ICSID Case No. ARB/10/20)

Subject of Dispute:

Power purchase agreement
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Standard Chartered Bank (Hong Kong) Limited (Chinese)
Respondent(s):

Tanzania Electric Supply Company Limited (Tanzanian)
Date Registered:

October 1, 2010
Date of Constitution of Tribunal:

April 19, 2011

Composition of Tribunal

President:

Donald M. MCRAE (Canadian, New Zealand) - Appointed by Co-Arbitrators
Arbitrators:

Zachary DOUGLAS (Australian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

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

Crax Law Partners, Dar es Salaam, Tanzania
Kellerhals Attorneys at Law, Zurich, Switzerland
Rweyongeza and Company Advocates, Dar es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 12, 2016 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

January 13, 2017
Date of Constitution of ad hoc Committee:

February 10, 2017

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

President:

Claus VON WOBESER (German, Mexican)
Members:

Bertha COOPER-ROUSSEAU (Bahamian)
Christoph H. SCHREUER (Austrian)

Party Representatives

Claimant(s):

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

Clyde & Co, London, U.K.
Crax Law Partners, Dar es Salaam, Tanzania
Rweyongeza and Company Advocates, Dar es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 22, 2018 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 9

Procedural Order No. 10

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 13

Award of the Tribunal (September 12, 2016)

Available on the ICSID Website

Procedural Order No. 2 (October 28, 2011) English (Original)

Procedural Order No. 3 (November 14, 2011) English (Original)

Procedural Order No. 4 (December 9, 2011) English (Original)

Procedural Order No. 5 (May 29, 2012) English (Original)

Procedural Order No. 9 (August 10, 2012) English (Original)

Procedural Order No. 10 (November 20, 2012) English (Original)

Procedural Order No. 11 (December 18, 2012) English (Original)

Procedural Order No. 12 (February 15, 2013) English (Original)

Procedural Order No. 13 (July 3, 2015) English (Original)

(b) Annulment Proceeding

Published Decisions

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

Decision on Annulment

Available on the ICSID Website

Decision on Applicant’s Request for a Continued Stay on Enforcement of the Award (April 12, 2017) English (Original)

Decision on Annulment (August 22, 2018) English (Original)

(a) Original Proceeding

Date	Development
October 1, 2010	The Secretary-General registers a request for the institution of arbitration proceedings.
November 12, 2010	Following appointment by the Claimant, Zachary Douglas (Australian) accepts his appointment as arbitrator.
January 10, 2011	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
April 18, 2011	Following appointment by the co-arbitrators, Donald M. McRae (Canadian/New Zealand) accepts his appointment as presiding arbitrator.
April 19, 2011	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Donald M. McRae (Canadian/New Zealand), President, appointed by his co-arbitrators; Zachary Douglas (Australian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
July 7, 2011	The Tribunal holds a first session in London.
October 13, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
October 20, 2011	The Respondent files a request for the Tribunal to decide on production of documents.
October 28, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
October 28, 2011	The Tribunal issues a procedural order concerning production of documents.
November 3, 2011	The Respondent files a response to the Claimant’s observations of October 28, 2011.
November 14, 2011	The Tribunal issues a procedural order concerning production of documents.
December 9, 2011	The Tribunal issues a procedural order concerning the procedural calendar.
February 3, 2012	The Claimant files a memorial on the merits.
April 13, 2012	The Respondent files a memorial on jurisdiction.
April 13, 2012	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
May 2, 2012	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
May 2, 2012	The Claimant files a request for the Tribunal to decide on production of documents.
May 9, 2012	The Respondent files a response to the Claimant's observations of May 2, 2012.
May 9, 2012	The Respondent files a request for the Tribunal to decide on production of documents.
May 10, 2012	The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents.
May 14, 2012	The Tribunal holds a hearing in London on the Respondent's request to address the objections to jurisdiction as a preliminary question and on production of documents.
May 21, 2012	The Respondent files a request to exclude new evidence.
May 28, 2012	The Claimant files observations on the Respondent's request to exclude new evidence.
May 29, 2012	The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
June 5, 2012	The Respondent files a response to the Claimant's observations of May 28, 2012.
July 6, 2012	The Tribunal issues a procedural order concerning production of documents.
July 11, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
August 3, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
August 10, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
August 17, 2012	The Claimant files a request for the Tribunal to decide on production of documents.
August 24, 2012	The Respondent files a counter-memorial on jurisdiction and the merits.
August 31, 2012	The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents, and files a request for the Tribunal to decide on production of documents.
September 14, 2012	The Claimant files a response to the Respondent’s observations of August 31, 2012, and files observations on the Respondent's request for the Tribunal to decide on production of documents.
September 22, 2012	The Respondent files further observations on the Claimant’s response of September 14, 2012.
November 7, 2012	The Claimant files a reply on jurisdiction and the merits dated October 26, 2012, as amended on November 7, 2012.
November 20, 2012	The Tribunal issues a procedural order concerning the procedural calendar.
November 21, 2012	The Respondent files a rejoinder on jurisdiction and the merits.
December 3, 2012 - December 6, 2012	The Tribunal holds a hearing on jurisdiction and the merits in London.
December 10, 2012 - December 11, 2012	The Tribunal holds a hearing on jurisdiction and the merits in London.
December 18, 2012	The Tribunal issues a procedural order concerning procedural matters and the procedural calendar.
February 15, 2013	The Tribunal issues a procedural order concerning the procedural calendar.
February 19, 2013	Each party files a post-hearing brief.
February 19, 2013	The Respondent reiterates its request for the Tribunal to either address the objections to jurisdiction as a preliminary question, or to suspend the proceeding.
March 4, 2013	The Claimant files observations on the Respondent's request of February 19, 2013.
March 14, 2013 - March 15, 2013	The Tribunal holds a hearing on jurisdiction and the merits in London.
April 18, 2013	The Tribunal decides on the Respondent's request of February 19, 2013.
February 12, 2014	The Tribunal issues a decision on jurisdiction and liability.
November 11, 2014	The Claimant files a written submission on tariff.
February 13, 2015	The Respondent files observations on the Claimant’s written submission on tariff.
March 26, 2015	The Claimant files a response to the Respondent’s observations of February 13, 2015.
May 21, 2015	The Respondent files further observations on the Claimant’s response of March 26, 2015.
June 29, 2015	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
July 2, 2015	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
July 3, 2015	The Tribunal issues a procedural order concerning the organization of the hearing and the procedural calendar.
July 13, 2015	The Respondent files observations on the Claimant’s request of June 29, 2015.
July 20, 2015	The Tribunal issues a procedural order concerning production of documents.
August 19, 2015 - August 20, 2015	The Tribunal holds a hearing on the merits in London.
September 23, 2015	The Claimant files a request for the Tribunal to decide on production of documents.
October 2, 2015	The Respondent files observations on the Claimant’s request of September 23, 2015.
October 5, 2015	The Tribunal decides on production of documents.
November 2, 2015	Each party files a post-hearing brief.
November 16, 2015	Each party files a submission on costs.
December 22, 2015	Each party files observations on the other party’s submission on costs.
February 5, 2016	The Respondent files a response to the Claimant’s observations of December 22, 2015.
June 6, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
September 12, 2016	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
January 13, 2017	The Secretary-General registers an application for annulment of the award filed by Tanzania Electric Supply Company Limited, and notifies the parties of the provisional stay of enforcement of the award.
February 10, 2017	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Claus von Wobeser (Mexican/German), President; Bertha Cooper-Rousseau (Bahamian); and Christoph Schreuer (Austrian); all members appointed by the Chairman of the Administrative Council.
February 20, 2017	Standard Chartered Bank (Hong Kong) Limited files observations on Tanzania Electric Supply Company Limited’s request to continue the stay of enforcement of the award and on the related procedure.
February 22, 2017	Tanzania Electric Supply Company Limited files a response to Standard Chartered Bank (Hong Kong) Limited’s observations of February 20, 2017.
February 23, 2017	Standard Chartered Bank (Hong Kong) Limited files a reply to Tanzania Electric Supply Company Limited’s response of February 22, 2017.
February 24, 2017	Tanzania Electric Supply Company Limited files a rejoinder on Standard Chartered Bank (Hong Kong) Limited’s reply of February 23, 2017.
February 25, 2017	The ad hoc Committee issues a decision on procedural matters.
February 28, 2017	The parties agree to an extension of the stay of enforcement until March 30, 2017.
March 10, 2017	Further to the ad hoc Committee’s decision of February 25, 2017, Tanzania Electric Supply Company Limited files a memorial on its request to continue the stay of the enforcement of the award.
March 21, 2017	Standard Chartered Bank (Hong Kong) Limited files a counter-memorial on Tanzania Electric Supply Company Limited’s request to continue the stay of the enforcement of the award.
March 30, 2017	The ad hoc Committee holds a first session in London.
April 3, 2017	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
April 12, 2017	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
May 25, 2017	The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award.
June 2, 2017	Tanzania Electric Supply Company Limited files a memorial on annulment.
July 21, 2017	Standard Chartered Bank (Hong Kong) Limited files a counter-memorial on annulment.
August 18, 2017	Tanzania Electric Supply Company Limited files a reply on annulment.
September 29, 2017	Standard Chartered Bank (Hong Kong) files a rejoinder on annulment.
November 2, 2017	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
November 27, 2017 - November 28, 2017	The ad hoc Committee holds a hearing on annulment in London.
January 2, 2018	Each party files answers to questions posed by the ad hoc Committee during the hearing on annulment.
January 11, 2018	Standard Chartered Bank (Hong Kong) files observations on Tanzania Electric Supply Company Limited’s submission of January 2, 2018.
January 12, 2018	Tanzania Electric Supply Company Limited files observations on Standard Chartered Bank (Hong Kong)’s submission of January 2, 2018.
February 20, 2018	Each party files a submission on costs.
March 5, 2018	Each party files observations on the other party’s submission on costs.
May 21, 2018	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
August 22, 2018	The ad hoc Committee issues its decision on annulment.