Case Details

Sudapet Company Limited v. Republic of South Sudan (ICSID Case No. ARB/12/26)

Subject of Dispute:

Exploration and production of hydrocarbons
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Investment Law - South Sudan (2009)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Sudapet Company Limited (Sudanese)
Respondent(s):

Republic of South Sudan (South Sudanese)
Date Registered:

August 29, 2012
Date of Constitution of Tribunal:

January 22, 2013

Composition of Tribunal

President:

Campbell Alan MC LACHLAN (New Zealand) - Appointed by Co-Arbitrators
Arbitrators:

Gavan GRIFFITH (Australian) - Appointed by the Respondent(s)
David A.R. WILLIAMS (New Zealand) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Dentons UKMEA, London, U.K.
S&A Law Firm (in association with SNR Denton), Ruwi, Sultanate of Oman
Respondent(s):

Skadden, Arps, Slate, Meagher & Flom, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 30, 2016 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Excerpts of Award

Available on the ICSID Website

Excerpts of Award (September 30, 2016) English (Original)

(a) Original Proceeding

Date	Development
August 29, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
October 19, 2012	Following appointment by the Claimant, David A. R. Williams (New Zealand) accepts his appointment as arbitrator.
November 29, 2012	Following appointment by the Respondent, Gavan Griffith (Australian) accepts his appointment as arbitrator.
January 22, 2013	Following appointment by the co-arbitrators, Campbell McLachlan (New Zealand) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Campbell McLachlan (New Zealand), President, appointed by his co-arbitrators; David A. R. Williams (New Zealand), appointed by the Claimant; and Gavan Griffith (Australian), appointed by the Respondent.
March 19, 2013	The proceeding is suspended until May 15, 2013, pursuant to the parties’ agreement.
May 14, 2013	The proceeding is suspended until June 15, 2013, pursuant to the parties’ agreement.
July 17, 2013	The Tribunal holds a first session in London.
July 30, 2013	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 30, 2013	The Tribunal issues revised Procedural Order No. 1 concerning procedural matters.
December 13, 2013	The Claimant files a memorial on jurisdiction and the merits.
January 24, 2014	The Respondent files a request for the Tribunal to decide on production of documents.
February 13, 2014	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 23, 2014	The Respondent files a counter-memorial on jurisdiction and the merits.
September 24, 2014	The Claimant files a request for the Tribunal to decide on production of documents.
October 17, 2014	The Tribunal issues Procedural Order No. 3 concerning production of documents.
December 30, 2014	The Claimant files a reply on jurisdiction and the merits.
April 27, 2015	The Respondent files a rejoinder on jurisdiction and the merits.
May 7, 2015	The Claimant files a request for the exclusion of evidence.
May 15, 2015	The Respondent files observations on the Claimant’s request of May 7, 2015.
May 20, 2015	The Claimant files a response to the Respondent’s observations of May 15, 2015.
May 21, 2015	The Tribunal issues Procedural Order No. 4 concerning the exclusion of evidence.
June 11, 2015	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
June 25, 2015	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. The Claimant files observations on the Respondent’s request of June 25, 2015.
June 26, 2015	The Tribunal decides on the admissibility of new evidence.
June 28, 2015	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 29, 2015 - July 10, 2015	The Tribunal holds a hearing on jurisdiction and the merits in London.
June 29, 2015	The Respondent files observations on the Claimant’s request of June 28, 2015.
July 10, 2015	The Claimant files a request for the exclusion of legal arguments from the record.
July 15, 2015	The Respondent files observations on the Claimant’s request of July 10, 2015.
July 17, 2015	The Claimant files a response to the Respondent’s observations of July 15, 2015. The Respondent files further observations on the Claimant’s response of July 17, 2015.
August 3, 2015	The Claimant files a response to the Respondent’s further observations of July 17, 2015.
August 4, 2015	The Tribunal issues Procedural Order No. 5 concerning the Claimant’s request of July 10, 2015.
August 26, 2015	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
September 21, 2015	The Respondent files a post-hearing brief.
October 13, 2015	The Claimant files a post-hearing brief.
October 26, 2015 - October 27, 2015	The Tribunal holds a further hearing on jurisdiction and the merits in London.
November 24, 2015	Each party files a submission on costs.
December 10, 2015	Each party files a supplemental submission on costs.
September 30, 2016	The Tribunal renders its award.