Case Details

PNG Sustainable Development Program Ltd. v. Independent State of Papua New Guinea (ICSID Case No. ARB/13/33)

Subject of Dispute:

Gold and copper mining project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Investment Law - Papua New Guinea
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

PNG Sustainable Development Program Ltd. (Singaporean)
Respondent(s):

Independent State of Papua New Guinea (Papua New Guinean)
Date Registered:

December 20, 2013
Date of Constitution of Tribunal:

June 17, 2014

Composition of Tribunal

President:

Gary B. BORN (U.S.) - Appointed by the Parties
Arbitrators:

Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
Duncan KERR (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Clifford Chance, Singapore, Singapore, London, U.K., Hong Kong, and Perth, Australia
Respondent(s):

Independent State of Papua New Guinea
WongPartnership, Singapore
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 5, 2015 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Decision on the Respondent’s Preliminary Objections

Decision on the Claimant's Request for Provisional Measures

Award of the Tribunal

Available on the ICSID Website

Decision on the Respondent’s Preliminary Objections (October 28, 2014) English (Original)

Decision on the Claimant's Request for Provisional Measures (January 21, 2015) English (Original)

Award of the Tribunal (May 5, 2015) English (Original)

(a) Original Proceeding

Date	Development
December 20, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
February 21, 2014	Following appointment by the Claimant, Michael Pryles (Australian) accepts his appointment as arbitrator.
April 3, 2014	Following appointment by the Respondent, Duncan Kerr (Australian) accepts his appointment as arbitrator.
June 16, 2014	Following appointment by the parties, Gary B. Born (U.S.) accepts his appointment as presiding arbitrator.
June 17, 2014	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Gary B. Born (U.S.), President, appointed by agreement of the parties; Michael Pryles (Australian) appointed by the Claimant; and Duncan Kerr (Australian), appointed by the Respondent.
July 14, 2014	The Claimant files a request for provisional measures.
July 16, 2014	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
July 25, 2014	The Tribunal holds a first session by telephone conference.
August 1, 2014	The Respondent files observations on the Claimant’s request for provisional measures.
August 7, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 8, 2014	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
August 13, 2014	The Claimant files a response to the Respondent's observations of August 1, 2014.
August 20, 2014	The Respondent files a response to the Claimant's observations of August 8, 2014.
October 10, 2014	The Tribunal holds a hearing on preliminary objections in Singapore.
October 15, 2014	The Respondent files a memorial on jurisdiction.
October 28, 2014	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 29, 2014	The Claimant files a counter-memorial on jurisdiction.
November 7, 2014	The Respondent files a reply on jurisdiction.
November 14, 2014	The Claimant files a rejoinder on jurisdiction.
November 29, 2014 - November 30, 2014	The Tribunal holds a hearing on jurisdiction in Singapore.
January 21, 2015	The Tribunal issues a decision on provisional measures.
May 5, 2015	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). The Tribunal renders its award.