Case Details

Agility for Public Warehousing Company K.S.C. v. Islamic Republic of Pakistan (ICSID Case No. ARB/11/8)

Proceeding Materials Procedural Details

  • Customs clearance services
  • Services & Trade
  • BIT Kuwait - Pakistan 1983
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Agility for Public Warehousing Company K.S.C. (Kuwaiti)
    • Islamic Republic of Pakistan (Pakistani)
    • March 28, 2011
    • September 8, 2011

      Composition of Tribunal

    • L. Yves FORTIER (Canadian) - Appointed by the Chairman of the Administrative Council
    • Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
      Salim MOOLLAN (French, Mauritanian) - Appointed by the Chairman of the Administrative Council

      Party Representatives

    • Kirkland & Ellis International, London, U.K.
      Paul Key, London, U.K.
      Siddharth Dhar, London, U.K.
    • Andreas Gledhill, London, U.K.
      Eirik Bjorge, London, U.K.
      Samdani & Qureshi, Islamabad, Pakistan
      Maurice Mendelson, London, U.K.
    • English
    • Concluded
    • August 1, 2016 - The Tribunal renders its award.

(a) Original Proceeding

Date Development
March 28, 2011 The Secretary-General registers a request for the institution of arbitration proceedings.
June 20, 2011 Following appointment by the Claimant, Charles N. Brower (US) accepts his appointment as arbitrator.
June 28, 2011 The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
August 20, 2011 Following appointment by the Chairman of the Administrative Council, Salim Moollan (French/Mauritian) accepts his appointment as arbitrator.
September 7, 2011 Following appointment by the Chairman of the Administrative Council, L Yves Fortier (Canadian) accepts his appointment as presiding arbitrator.
September 8, 2011 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: L Yves Fortier (Canadian), President, appointed by Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Charles N. Brower (US), appointed by the Claimant; and Salim Moollan (French/Mauritian), appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention.
October 18, 2011 The Tribunal holds a first session by video conference.
At the first session, the Respondent raises objections to jurisdiction.
The proceeding on the merits is suspended.
December 9, 2011 The Claimant files a request for provisional measures.
January 6, 2012 The Respondent files objections to jurisdiction.
January 9, 2012 The Respondent files observations on the Claimant's request for provisional measures.
January 12, 2012 The Claimant files a response to the Respondent's observations of January 9, 2012.
January 21, 2012 The Respondent files further observations on the Claimant's request for provisional measures.
January 30, 2012 The Tribunal issues Procedural Order No. 1 concerning provisional measures.
March 26, 2012 The Claimant files a counter-memorial on jurisdiction.
June 4, 2012 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 14, 2012 - June 15, 2012 The Tribunal holds a hearing on jurisdiction in Singapore.
July 31, 2012 The Respondent files a request for the admissibility of new evidence.
August 17, 2012 The Claimant files observations on the Respondent's request for the admissibility of new evidence of July 31, 2012.
August 24, 2012 The Claimant files further observations on the Respondent's request for the admissibility of new evidence of July 31, 2012.
September 17, 2012 The Tribunal decides on the admissibility of new evidence.
February 27, 2013 The Tribunal issues a decision on jurisdiction.
April 24, 2013 The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
August 6, 2013 The Claimant files a memorial on the merits.
December 3, 2013 The Tribunal issues Procedural Order No. 3 concerning procedural matters.
February 21, 2014 The Tribunal issues Procedural Order No. 4 concerning procedural matters.
April 4, 2014 The Respondent files a counter-memorial on the merits.
May 1, 2014 The Tribunal issues Procedural Order No. 5 concerning the bifurcation of proceedings on quantum.
June 16, 2014 Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
June 20, 2014 The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
June 30, 2014 The Respondent files a submission on quantum.
July 14, 2014 The Tribunal issues Procedural Order No. 7 concerning production of documents.
August 8, 2014 The Tribunal issues Procedural Order No. 8 concerning production of documents.
September 5, 2014 The Tribunal issues Procedural Order No. 9 concerning production of documents.
September 19, 2014 The Tribunal issues a confidentiality order.
September 30, 2014 The Claimant files a reply on the merits.
October 9, 2014 The Tribunal issues a revised confidentiality order.

The Tribunal issues Procedural Order No. 10 concerning production of documents.
October 14, 2014 The Tribunal issues Procedural Order No. 11 concerning confidentiality and production of documents.
December 16, 2014 The Respondent files a rejoinder on the merits.
December 31, 2014 The Claimant files a request for the exclusion of evidence.
January 6, 2015 The Respondent files observations on the Claimant’s request of December 31, 2014.
January 8, 2015 The Tribunal issues Procedural Order No. 12 concerning the exclusion of evidence and scope of hearing.
May 1, 2015 The Claimant files a supplemental memorial on the merits.
May 26, 2015 The Claimant files an application for a partial award on costs.
June 1, 2015 The Respondent files a response to the Claimant’s application of May 26, 2015.
June 4, 2015 The Respondent files a request concerning confidentiality designations and production of documents.
June 10, 2015 The Tribunal issues Procedural Order No. 13 concerning the Claimant’s application of May 26, 2015.
June 11, 2015 The Claimant files a response to the Respondent’s request of June 4, 2015.
June 15, 2015 The Tribunal issues Procedural Order No. 14 concerning the Respondent’s request of June 4, 2015.
June 17, 2015 The Respondent files a response to the Claimant’s filing of June 11, 2015.
June 19, 2015 The Tribunal issues Procedural Order No. 15 concerning the Respondent’s request of June 4, 2015.
June 26, 2015 The Claimant supplements its application of May 26, 2015.
July 29, 2015 The Tribunal issues Procedural Order No. 16 concerning the confidentiality of documents and Addendum No. 1 to the Revised Confidentiality Order.
July 30, 2015 The Respondent files a supplemental reply on the merits.
August 7, 2015 The Respondent files further observations on the Claimant’s application of May 26, 2015.
August 14, 2015 The Tribunal issues Procedural Order No. 17 concerning the Claimant’s application of May 26, 2015.
October 16, 2015 The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
October 20, 2015 The Respondent files observations on the Claimant’s request of October 16, 2015.
October 23, 2015 The Tribunal issues Procedural Order No. 18 concerning the Claimant’s request of October 16, 2015.
October 29, 2015 The President holds a pre-hearing organizational meeting with the parties by telephone conference.
October 30, 2015 The Tribunal issues Procedural Order No. 19 concerning the organization of the hearing and the admissibility of an expert report.
November 8, 2015 The Tribunal issues Procedural Order No. 20 concerning the procedural calendar.
November 13, 2015 The Tribunal holds a hearing on the further procedure in London.
November 18, 2015 The Tribunal issues Procedural Order No. 21 concerning the further procedure.
January 12, 2016 The Respondent files a submission on costs.
March 6, 2016 The Tribunal issues Procedural Order No. 22 concerning procedural matters.
March 12, 2016 The Claimant files a submission on costs.
April 11, 2016 The Respondent files a response to the Claimant’s observations of March 12, 2016.
June 27, 2016 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 1, 2016 The Tribunal renders its award.