Case Details

Courts (Indian Ocean) Limited and Courts Madagascar S.A.R.L. v. Republic of Madagascar (ICSID Case No. ARB/13/34)

Subject of Dispute:

Electronic goods and home furnishing facilities
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Madagascar - Mauritius 2004
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Courts (Indian Ocean) Limited (Mauritian), Courts Madagascar S.A.R.L. (Malagasy)
Respondent(s):

Republic of Madagascar (Malagasy)
Date Registered:

December 23, 2013
Date of Constitution of Tribunal:

May 9, 2014

Composition of Tribunal

President:

Pierre TERCIER (Swiss) - Appointed by the Parties
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Alain PELLET (French) - Appointed by the Respondent(s)

Party Representatives

Respondent(s):

Nathalie Martins, Paris, France
Stephan Marx, Paris, France
Walid Ben Hamida, Paris, France
Language(s) of Proceeding:

English,French
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 7, 2016 - The Tribunal issues Procedural Order No. 5 taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 45.

No References Available.

(a) Original Proceeding

Date	Development
December 23, 2013	The Secretary-General registers a request for the institution of arbitration proceedings.
March 10, 2014	Following appointment by the Claimants, John Beechey (British) accepts his appointment as arbitrator.
March 18, 2014	Following appointment by the Respondent, Alain Pellet (French) accepts his appointment as arbitrator.
May 8, 2014	Following appointment by the parties, Pierre Tercier (Swiss) accepts his appointment as presiding arbitrator.
May 9, 2014	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Pierre Tercier (Swiss), President, appointed by agreement of the parties; John Beechey (British), appointed by the Claimants; and Alain Pellet (French), appointed by the Respondent.
July 17, 2014	The Tribunal holds a first session in Paris.
July 21, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 19, 2014	The Tribunal issues Procedural Order No. 2 concerning production of documents and the procedural calendar.
January 16, 2015	The Claimants file a memorial on the merits.
February 20, 2015	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 6, 2015	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
July 16, 2015	The Respondent files a memorial on objections to jurisdiction and a counter-memorial on the merits.
August 5, 2015	The Claimants file a request for the suspension of the proceeding.
August 7, 2015	The Respondent files observations on the Claimants’ request for the suspension of the proceeding.
August 12, 2015	The Tribunal issues Procedural Order No. 4 concerning the Claimants’ request for the suspension of the proceeding.
March 7, 2016	The Tribunal issues Procedural Order No. 5 taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 45.