Case Details

RSM Production Corporation v. Saint Lucia (ICSID Case No. ARB/12/10)

Subject of Dispute:

Hydrocarbons exploration agreement
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

RSM Production Corporation (U.S.)
Respondent(s):

Saint Lucia (St. Lucian)
Date Registered:

April 23, 2012
Date of Constitution of Tribunal:

August 6, 2013

Composition of Tribunal

President:

Siegfried H. ELSING (German) - Appointed by the Parties
Arbitrators:

Edward NOTTINGHAM (U.S.) - Appointed by the Claimant(s)
Gavan GRIFFITH (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Law Office of Daniel L. Abrams, New York, NY, U.S.A.
Mishcon de Reya, London, U.K.
Respondent(s):

Freshfields Bruckhaus Deringer, New York, NY, U.S.A. and London, U.K.
Attorney General of Saint Lucia, Castries, Saint Lucia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 15, 2016 - The Tribunal renders its award; attached to the award is an assenting opinion by arbitrator Gavan Griffith.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 21, 2016
Date of Constitution of ad hoc Committee:

January 4, 2017

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

President:

Donald M. MCRAE (Canadian, New Zealand)
Members:

Andreas BUCHER (Swiss)
Alexis MOURRE (French)

Party Representatives

Claimant(s):

Law Office of Daniel L. Abrams, New York, NY, U.S.A.
Mishcon de Reya, London, U.K.
Respondent(s):

Attorney General for the Government of Saint Lucia, Castries, Saint Lucia
Freshfields Bruckhaus Deringer, New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 29, 2019 - The ad hoc Committee issues its decision on annulment.

(c) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

May 6, 2019 (Claimant(s))

Party Representatives

Claimant(s):

Mishcon de Reya, London, U.K.
Hall Estill, Denver, CO, U.S.A.
Respondent(s):

Freshfields Bruckhaus Deringer, New York, NY, U.S.A. and London, U.K.
Attorney General of Saint Lucia, Castries, Saint Lucia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 23, 2019 - The ad hoc Committee issues a decision on the rectification of the decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Saint Lucia's Request for Security for Costs (incorporating Dr. Griffith's Assenting Reasons and Judge Nottingham's Dissenting Opinion) (August 13, 2014)

Decision on Claimant's Proposal for the Disqualification of Dr. Gavan Griffith QC (October 23, 2014)

Decision on Saint Lucia's Request for Suspension or Discontinuation of Proceedings (incorporating Judge Edward Nottingham's Assenting Reasons) (April 8, 2016)

Procedural Order No. 1

Available on the ICSID Website

Procedural Order No. 1 (June 2, 2017) English (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment

Decision on Rectification

Available on the ICSID Website

Decision on Annulment (April 29, 2019) English (Original)

Decision on Rectification (May 23, 2019) English (Original)

(a) Original Proceeding

Date	Development
April 23, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
April 26, 2013	Following appointment by the Respondent, Gavan Griffith (Australian) accepts his appointment as arbitrator.
April 30, 2013	Following appointment by the Claimant, Edward Nottingham (U.S.) accepts his appointment as arbitrator.
August 6, 2013	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Siegfried H. Elsing (German), President, appointed by agreement of the parties; Edward Nottingham (U.S.), appointed by the Claimant; and Gavan Griffith (Australian), appointed by the Respondent.
August 6, 2013	Following appointment by agreement of the parties, Siegfried H. Elsing (German) accepts his appointment as presiding arbitrator.
September 6, 2013	The Respondent files a request for provisional measures and security for costs.
September 20, 2013	The Claimant files observations on the Respondent’s request for provisional measures and security for costs.
September 26, 2013	The Respondent files a response to the Claimant’s observations of September 20, 2013.
October 2, 2013	The Claimant files further observations on the Respondent’s response of September 26, 2014.
October 4, 2013	The Tribunal holds a first session and a hearing on provisional measures in New York.
October 15, 2013	The Tribunal issues Procedural Order No.1 concerning procedural matters.
December 12, 2013	The Tribunal issues a decision on provisional measures.
January 24, 2014	The Claimant files a memorial on the merits.
June 6, 2014	The Respondent files a counter-memorial on the merits.
June 6, 2014	The Respondent reiterates its request for security for costs.
July 18, 2014	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
August 13, 2014	The Tribunal issues a decision on the Respondent's request for security for costs.
August 14, 2014	The Tribunal issues decisions on production of documents.
August 20, 2014	The Tribunal supplements its decision of August 13, 2014.
September 10, 2014	The Claimant files a proposal for disqualification of arbitrator Gavan Griffith. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
September 19, 2014	The Respondent files observations on the proposal for disqualification.
September 30, 2014	The Claimant files further observations on the proposal for disqualification.
October 23, 2014	The proposal for disqualification of arbitrator Gavan Griffith is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
October 30, 2014	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
November 14, 2014	The Tribunal decides on procedural calendar.
December 24, 2014	The Respondent files a request concerning the Claimant’s compliance with the Tribunal’s decisions of August 13 and 20, 2014.
January 5, 2015	The Claimant files observations on the Respondent’s request of December 24, 2014.
January 15, 2015	The Claimant files a reply on the merits.
January 23, 2015	The Respondent files a response to the Claimant’s observations of January 5, 2015.
February 4, 2015	The Claimant files further observations on the request of December 24, 2014.
April 8, 2015	The Tribunal issues a decision on the Respondent’s request of December 24, 2014.
November 24, 2015	The Respondent files a request with the Tribunal for an award.
February 9, 2016	The Claimant files observations on the Respondent’s request of November 24, 2015.
February 17, 2016	The Respondent files a response to the Claimant’s observations of February 9, 2016.
March 11, 2016	The Claimant files further observations on the Respondent’s response of February 17, 2016.
June 13, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 15, 2016	The Tribunal renders its award; attached to the award is an assenting opinion by arbitrator Gavan Griffith.

(b) Annulment Proceeding

Date	Development
November 21, 2016	The Acting Secretary-General registers an application for annulment of the award filed by RSM Production Corporation.
January 4, 2017	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Donald McRae (Canadian, New Zealand), President; Andreas Bucher (Swiss); and Alexis Mourre (French); all members appointed by the Chairman of the Administrative Council.
May 16, 2017	The ad hoc Committee holds a first session by telephone conference.
June 2, 2017	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
September 8, 2017	RSM Production Corporation files a memorial on annulment.
December 13, 2017	Saint Lucia files a request for the ad hoc Committee to decide on the admissibility of new evidence.
December 18, 2017	RSM Production Corporation files observations on Saint Lucia’s request of December 13, 2017.
December 19, 2017	Saint Lucia files a response to RSM Production Corporation’s observations of December 18, 2017.
December 20, 2017	RSM Production Corporation files observations on Saint Lucia’s response of December 19, 2017. The ad hoc Committee decides on the admissibility of new evidence.
December 21, 2017	Saint Lucia files a counter-memorial on annulment.
April 16, 2018	RSM Production Corporation files a reply on annulment.
August 8, 2018	Saint Lucia files a rejoinder on annulment.
October 24, 2018	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
November 15, 2018	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
March 22, 2019	Each party files a statement of costs.
April 5, 2019	Saint Lucia files observations on RSM Production Corporation’s statement of costs.
April 29, 2019	The ad hoc Committee issues its decision on annulment.

(c) Rectification Proceeding

Date	Development
May 6, 2019	The Acting Secretary-General registers a request for rectification of the decision on annulment filed by RSM Production Corporation.
May 23, 2019	The ad hoc Committee issues a decision on the rectification of the decision on annulment.