Case Details

Michael Dagher v. Republic of the Sudan (ICSID Case No. ARB/14/2)

Subject of Dispute:

Wireless internet service enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Sudan - Jordan 2000, BIT Sudan - Lebanon 2004
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Michael Dagher (Jordanian,Lebanese)
Respondent(s):

Republic of the Sudan (Sudanese)
Date Registered:

February 21, 2014
Date of Constitution of Tribunal:

August 8, 2014

Composition of Tribunal

President:

Yas BANIFATEMI (French, Iranian) - Appointed by the Parties
Arbitrators:

William W. PARK (Swiss, U.S.) - Appointed by the Claimant(s)
Makhdoom Ali KHAN (Pakistani) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Winston & Strawn, Geneva, Switzerland
Respondent(s):

Derains & Gharavi, Paris, France
Christian Tams, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 3, 2020 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
February 21, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
May 30, 2014	Following appointment by the Claimant, William W. Park (U.S./Swiss) accepts his appointment as arbitrator.
June 16, 2014	Following appointment by the Respondent, Makhdoom Ali Khan (Pakistani) accepts his appointment as arbitrator.
August 7, 2014	Following appointment by the parties, Yas Banifatemi (French/Iranian) accepts her appointment as presiding arbitrator.
August 8, 2014	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Yas Banifatemi (French/Iranian), President, appointed by agreement of the parties; William W. Park (U.S./Swiss), appointed by the Claimant; and Makhdoom Ali Khan (Pakistani), appointed by the Respondent.
September 24, 2014	The Tribunal holds a first session by telephone conference.
October 9, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 23, 2015	The Claimant files a memorial on the merits.
July 31, 2015	The Respondent files a counter-memorial on the merits. The Respondent files a request to address the objections to jurisdiction as a preliminary question.
August 14, 2015	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
August 28, 2015	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
October 23, 2015	The Claimant files a counter-memorial on jurisdiction.
November 23, 2015	Following exchanges between the parties, the Claimant and the Respondent file requests for the Tribunal to decide on production of documents.
December 7, 2015	The Tribunal issues Procedural Order No. 3 concerning production of documents.
January 29, 2016	The Respondent files a reply on jurisdiction.
March 11, 2016	The Claimant files a rejoinder on jurisdiction.
May 6, 2016	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
May 13, 2016	The Tribunal issues Procedural Order No. 4 order concerning the organization of the hearing.
June 2, 2016 - June 3, 2016	The Tribunal holds a hearing on jurisdiction in Paris.
November 10, 2017	The Tribunal issues a decision on jurisdiction.
December 15, 2017	The proceeding is suspended until March 12, 2018, pursuant to the parties’ agreement.
March 6, 2018	The suspension of the proceeding is extended until June 12, 2018, pursuant to the parties’ agreement.
June 11, 2018	The suspension of the proceeding is further extended until October 15, 2018, pursuant to the parties’ agreement.
October 15, 2018	The suspension of the proceeding is further extended until December 17, 2018, pursuant to the parties’ agreement.
December 18, 2018	The suspension of the proceeding is further extended until February 28, 2019, pursuant to the parties’ agreement.
February 28, 2019	The suspension of the proceeding is further extended until September 4, 2019, pursuant to the parties’ agreement.
September 3, 2019	The suspension of the proceeding is further extended until December 31, 2019, pursuant to the parties’ agreement.
December 28, 2019	The suspension of the proceeding is further extended until April 30, 2020, pursuant to the parties’ agreement.
April 28, 2020	The suspension of the proceeding is further extended until July 1, 2020, pursuant to the parties’ agreement.
July 1, 2020	The Tribunal decides to resume the proceeding.
July 22, 2020	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
August 3, 2020	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).