Case Details

Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines (ICSID Case No. ARB/11/12)

Proceeding Materials Procedural Details

  • Construction of an airport terminal
  • Transportation
  • BIT Germany - Philippines 1997
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Fraport AG Frankfurt Airport Services Worldwide (German)
    • Republic of the Philippines (Philippine)
    • April 27, 2011
    • February 7, 2012

      Composition of Tribunal

    • Piero BERNARDINI (Italian) - Appointed by the Parties
    • Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
      Albert Jan VAN DEN BERG (Dutch) - Appointed by the Respondent(s)

      Party Representatives

    • Milbank, Tweed, Hadley & McCloy, Washington, D.C., U.S.A.
    • Florentino P. Feliciano, Makai City, Philippines
      Office of the Solicitor General of the Philippines, Makati City, Philippines
      White & Case, Washington, D.C., U.S.A.
    • English
    • Concluded
    • December 10, 2014 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award - English (Original) (December 10, 2014)

(a) Original Proceeding

Date Development
April 27, 2011 The Secretary-General registers a request for the institution of arbitration proceedings.
June 27, 2011 Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
July 29, 2011 Following appointment by the Respondent, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
February 6, 2012 Following appointment by the parties, Piero Bernardini (Italian) accepts his appointment as presiding arbitrator.
February 7, 2012 The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Piero Bernardini (Italian), President, appointed by agreement of the parties; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimant; and Albert Jan van den Berg (Dutch), appointed by the Respondent.
April 3, 2012 The Tribunal holds a first session in Washington, D.C.
April 18, 2012 The Respondent files a written submission on preliminary matters.
May 2, 2012 The Claimant files a written response to the Respondent's submission on preliminary matters of April 18, 2012.
May 17, 2012 The Tribunal issues a Procedural Order No. 1 concerning preliminary matters.
August 17, 2012 The Claimant files a memorial on liability.
November 19, 2012 The Respondent files a counter-memorial on the merits and a memorial on jurisdiction, including counter-claims.
January 7, 2013 The parties file requests for the Tribunal to decide on production of documents.
January 18, 2013 The Tribunal issues a decision on production of documents.
April 5, 2013 The Claimant files a reply on the merits and a counter-memorial on jurisdiction, including counter-claims.
May 13, 2013 The Respondent files a request for the Tribunal to decide on production of documents.
May 17, 2013 The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.
June 5, 2013 Following several rounds of written submissions exchanged between the parties, the Tribunal issues Procedural Order No. 2 concerning production of documents.
June 10, 2013 The Respondent files a rejoinder on the merits and a reply on jurisdiction, including counter-claims.
July 12, 2013 The Claimant files a rejoinder on jurisdiction, including counter-claims.
August 20, 2013 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
August 30, 2013 The Tribunal decides on the organization of the hearing.
September 2, 2013 The Tribunal decides on the organization of the hearing.
September 2, 2013 The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing.
September 6, 2013 The Tribunal decides on the organization of the hearing.
September 12, 2013 The Tribunal decides on the organization of the hearing.
September 16, 2013 - September 26, 2013 The Tribunal holds a hearing on jurisdiction, liability, and counter-claims in Washington, D.C.
September 27, 2013 The Tribunal issues Procedural Order No. 4 concerning procedural matters and the procedural calendar.
October 24, 2013 The Tribunal issues Procedural Order No. 5 concerning procedural matters.
January 17, 2014 Each party files a request for the Tribunal to decide on the admissibility of new evidence.
January 22, 2014 The Claimant files observations on the Respondent’s request of January 17, 2014.
January 24, 2014 The Respondent files a response to the Claimant’s observations of January 22, 2014.
The Tribunal decides on the admissibility of new evidence.
March 3, 2014 Each party files a post-hearing brief.
March 12, 2014 The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
March 17, 2014 The Respondent files observations on the Claimant’s request of March 12, 2014.
March 19, 2014 The Respondent files further observations on the Claimant’s request of March 12, 2014.
March 20, 2014 The Tribunal decides on the admissibility of new evidence.
April 2, 2014 Each party files a reply post-hearing brief.
April 14, 2014 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
April 21, 2014 The Claimant files observations on the Respondent’s request of April 14, 2014.
April 22, 2014 The Tribunal decides on the admissibility of new evidence.
May 2, 2014 Each party files a submission on costs.
May 19, 2014 Each party files observations on the other party's submission on costs.
June 6, 2014 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 9, 2014 The Tribunal decides on the admissibility of new evidence.
September 9, 2014 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
September 15, 2014 The Claimant files observations on the Respondent’s request of September 9, 2014.
September 16, 2014 The Tribunal decides on the admissibility of new evidence.
December 10, 2014

The Tribunal renders its award.