Case Details

Lundin Tunisia B. V. v. Republic of Tunisia (ICSID Case No. ARB/12/30)

Subject of Dispute:

Oil exploration and exploitation operations
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Lundin Tunisia B.V. (Dutch)
Respondent(s):

Republic of Tunisia (Tunisian)
Date Registered:

October 2, 2012
Date of Constitution of Tribunal:

October 11, 2013

Composition of Tribunal

President:

Azzedine KETTANI (Moroccan) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Emmanuel GAILLARD (French) - Appointed by the Claimant(s)
Anna JOUBIN-BRET (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Cabinet de Maître Othman Ben Fadhel, Tunis, Tunisia
McDermott Will & Emery, Paris, France
Respondent(s):

Direction Générale du Contentieux de l'Etat,Tunis,Tunisia
Language(s) of Proceeding:

French
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 22, 2015 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Excerpts of Award

Available on the ICSID Website

Excerpts of Award (December 22, 2015) French (Original)

(a) Original Proceeding

Date	Development
October 2, 2012	The Secretary-General registers a request for the institution of arbitration proceedings.
January 2, 2013	Following appointment by the Claimant, Emmanuel Gaillard (French) accepts his appointment as arbitrator.
June 25, 2013	The proceeding is suspended until July 31, 2013, pursuant to the parties’ agreement.
August 1, 2013	Following appointment by the Respondent, Anna Joubin-Bret (French) accepts her appointment as arbitrator.
October 11, 2013	Following appointment by the Chairman of the Administrative Council, Azzedine Kettani (Moroccan) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Azzedine Kettani (Moroccan), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Emmanuel Gaillard (French), appointed by the Claimant; and Anna Joubin-Bret (French), appointed by the Respondent.
November 14, 2013	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 26, 2013	The Claimant files observations on the Respondent's preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 29, 2013	The Tribunal holds a first session and a hearing on preliminary objections pursuant to ICSID Arbitration Rule 41(5) in Paris.
December 3, 2013	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 6, 2014	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
February 28, 2014	The Claimant files a memorial on the merits including ancillary claims.
June 9, 2014	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
July 28, 2014	The Respondent files a counter-memorial on the merits, including a counter-claim, objections to jurisdiction, and a request to address the objections to jurisdiction as a preliminary question.
August 4, 2014	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
August 6, 2014	The Tribunal decides on the Respondent’s request to address the objections to jurisdiction as a preliminary question, and the admissibility of the Claimant's ancillary claims.
September 30, 2014	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question, and the admissibility of the Claimant's ancillary claims.
November 10, 2014	The Claimant files a reply on the merits and a counter-memorial on preliminary objections.
February 2, 2015	The Tribunal decides on the procedural calendar.
February 23, 2015	The Respondent files a rejoinder on the merits and a reply on preliminary objections.
March 20, 2015	The Claimant files a request for the admissibility of further evidence.
March 23, 2015	The Claimant files a rejoinder on preliminary objections.
March 25, 2015	The Respondent files observations on the Claimant’s request for the admissibility of further evidence.
March 26, 2015	The Tribunal decides on the admissibility of further evidence.
March 27, 2015	The Claimant produces further evidence.
April 2, 2015	The Tribunal decides on procedural matters.
April 8, 2015	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
April 9, 2015	The Respondent files observations on the further evidence filed by the Claimant on March 27, 2015.
April 15, 2015 - April 17, 2015	The Tribunal holds a hearing on the merits and preliminary objections in Paris.
May 12, 2015	The Claimant files a request for provisional measures.
May 15, 2015	The Respondent files observations on the Claimant’s request for provisional measures. The Claimant withdraws its request for provisional measures.
June 1, 2015	Each party files a post-hearing brief and a statement of costs.
October 21, 2015	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 22, 2015	The Tribunal renders its award.