Case Details

AHS Niger and Menzies Middle East and Africa S.A. v. Republic of Niger (ICSID Case No. ARB/11/11)

Subject of Dispute:

Ground handling services
Economic Sector:

Services & Trade
Instrument(s) Invoked:

Contract, Investment Law - Niger (1989)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

AHS Niger (Nigerien), Menzies Middle East and Africa S.A. (Luxembourg)
Respondent(s):

Republic of Niger (Nigerien)
Date Registered:

April 26, 2011
Date of Constitution of Tribunal:

July 22, 2011

Composition of Tribunal

President:

Fernando MANTILLA-SERRANO (Colombian) - Appointed by Co-Arbitrators
Arbitrators:

Patrick HUBERT (French) - Appointed by the Claimant(s)
Gaston KENFACK DOUAJNI (Cameroonian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Rasseck Bourgi, Paris, France
Respondent(s):

Direction du contentieux de l'Etat, Niamey, Niger
Ministère des Transports, Niamey, Niger
Language(s) of Proceeding:

French
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 15, 2013 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Excerpts of Award

Available on the ICSID Website

Excerpts of Award (July 15, 2013) French (Original)

(a) Original Proceeding

Date	Development
April 26, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
June 28, 2011	Following appointment by the Claimants, Patrick Hubert (French) accepts his appointment as arbitrator.
June 28, 2011	Following appointment by the Respondent, Gaston Kenfack Douajni (Cameroonian) accepts his appointment as arbitrator.
July 21, 2011	Following appointment by the co-arbitrators, Fernando Mantilla Serrano (Colombian) accepts his appointment as presiding arbitrator.
July 22, 2011	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Fernando Mantilla Serrano (Colombian), President, appointed by his co-arbitrators; Patrick Hubert (French), appointed by the Claimants; and Gaston Kenfack Douajni (Cameroonian), appointed by the Respondent.
September 15, 2011	The Tribunal holds a first session in Paris.
November 14, 2011	The Claimants file a memorial on the merits.
January 27, 2012	The Claimants file a request with the Tribunal, pursuant to Article 45 of the ICSID Convention and in accordance with ICSID Arbitration Rule 42, to deal with the questions submitted to it and to render an award.
February 1, 2012	The Tribunal notifies the Respondent of the Claimants' request and invites the Respondent to inform the Tribunal whether it intends to appear or present its case.
February 7, 2012	The Tribunal grants a period of grace to the Respondent to file its submission in accordance with ICSID Arbitration Rule 42(2).
March 13, 2012	The Tribunal informs the Parties that it will resume the consideration of the dispute pursuant to ICSID Arbitration Rules 42(3) and (4).
August 10, 2012	The Tribunal poses questions to the parties.
August 31, 2012	The Claimants file answers to the questions posed by the Tribunal on August 10, 2012.
March 13, 2013	The Tribunal issues a decision on jurisdiction.
June 25, 2013	The Claimants file a submission on costs.
July 8, 2013	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 15, 2013	The Tribunal renders its award.