Case Details

Baggerwerken Decloedt En Zoon NV v. Republic of the Philippines (ICSID Case No. ARB/11/27)

Subject of Dispute:

Dredging operations
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Philippines - Belgium-Luxembourg 1998
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Baggerwerken Decloedt En Zoon NV (Belgian)
Respondent(s):

Republic of the Philippines (Philippine)
Date Registered:

October 11, 2011
Date of Constitution of Tribunal:

February 29, 2012

Composition of Tribunal

President:

Pierre TERCIER (Swiss) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Allen & Overy, Hong Kong
Respondent(s):

Justice Florentino P. Feliciano, Metro Manila, Philippines
Office of the Solicitor General of the Philippines, Makati City, Philippines
White & Case, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 23, 2017 - The Tribunal renders its award; attached to the award is a concurring opinion by Pierre Tercier and a separate opinion by Stanimir A. Alexandrov.

No References Available.

(a) Original Proceeding

Date	Development
October 11, 2011	The Secretary-General registers a request for the institution of arbitration proceedings.
December 2, 2011	Following appointment by the Claimant, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
January 8, 2012	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
February 29, 2012	Following appointment by the parties, Pierre Tercier (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: Pierre Tercier (Swiss), President, appointed by agreement of the parties; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent.
April 23, 2012	The Claimant files a request for the Tribunal to decide on production of documents.
April 24, 2012	The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents.
April 30, 2012	The Tribunal holds a first session by telephone conference.
May 11, 2012	The Tribunal issues Procedural Order No. 1 concerning procedural matters and Procedural Order No. 2 concerning production of documents.
June 25, 2012	The Claimant files a memorial on the merits.
October 17, 2012	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction, including counter-claims.
November 26, 2012	The Claimant files a request for the Tribunal to decide on production of documents.
November 27, 2012	The Respondent files a request for the Tribunal to decide on production of documents.
November 29, 2012	The Tribunal holds a telephone conference with the parties concerning procedural matters.
December 11, 2012	The Tribunal issues Procedural Order No. 3 concerning production of documents.
April 29, 2013	The Claimant files a reply on the merits and a counter-memorial on jurisdiction, including counter-claims.
August 22, 2013	The Respondent files a rejoinder on the merits and a reply on jurisdiction, including counter-claims.
November 28, 2013	The Tribunal issues Procedural Order No. 4 concerning production of documents and procedural matters.
December 16, 2013	The Claimant files a sur-rejoinder on jurisdiction and counter-claims.
February 6, 2014	The Tribunal issues Procedural Order No. 5 concerning procedural matters. The Tribunal issues Procedural Order No. 6 concerning procedural matters.
February 13, 2014	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
February 24, 2014	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
March 4, 2014 - March 14, 2014	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
March 31, 2014	The Tribunal issues Procedural Order No. 9 concerning production of documents.
October 8, 2014	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
November 10, 2014	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
December 19, 2014	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
February 27, 2015	Each party files a post-hearing brief.
March 27, 2015	Each party files a reply post-hearing brief.
May 11, 2015	Each party files a statement of costs.
June 8, 2015	Each party files observations on the other party’s statement of costs.
November 28, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 23, 2017	The Tribunal renders its award; attached to the award is a concurring opinion by Pierre Tercier and a separate opinion by Stanimir A. Alexandrov.