Case Details

Tamagot Bumi S.A. and Bumi Mauritania S.A. v. Islamic Republic of Mauritania (ICSID Case No. ARB/14/23)

Subject of Dispute:

Iron ore mining project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract, Investment Law - Mauritania (2008), Investment Law - Mauritania (2002)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Bumi Mauritania S.A. (Mauritanian), Tamagot Bumi S.A. (Mauritanian)
Respondent(s):

Islamic Republic of Mauritania (Mauritanian)
Date Registered:

October 20, 2014
Date of Constitution of Tribunal:

May 20, 2015

Composition of Tribunal

President:

Raed FATHALLAH (Canadian, French, Lebanese) - Appointed by the Parties
Arbitrators:

Pierre MAYER (French) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Barton LEGUM (U.S.)
Arbitrators:

Pierre MAYER (French)
Brigitte STERN (French)
Reconstituted:

March 16, 2016: Raed FATHALLAH (Canadian ,French ,Lebanese) appointed following the resignation of Barton LEGUM (U.S.)

Party Representatives

Claimant(s):

Orrick Rambaud Martel, Paris, France
Respondent(s):

Clyde & Co, Paris, France
Ministry of Petroleum, Energy and Mines, Nouakchott, Mauritania
Language(s) of Proceeding:

French
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 27, 2018 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
October 20, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
December 12, 2014	Following appointment by the Claimants, Pierre Mayer (French) accepts his appointment as arbitrator.
January 22, 2015	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
May 20, 2015	Following appointment by the Secretary-General, Barton Legum (U.S.) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Barton Legum (U.S.), President, appointed by the Secretary-General pursuant to the parties’ agreement; Pierre Mayer, (French), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
July 20, 2015	The Tribunal holds a first session in Paris.
September 7, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 29, 2015	The Respondent files a memorial on objections to jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
October 13, 2015	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
October 22, 2015	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
December 23, 2015	The Claimants file a memorial on the merits and a counter-memorial on jurisdiction.
February 8, 2016	The Tribunal holds a procedural meeting in Paris.
February 24, 2016	Following the resignation of arbitrator Barton Legum, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
March 16, 2016	Following the resignation of arbitrator Barton Legum, Raëd Fathallah (Canadian/Lebanese) accepts his appointment as President of the Tribunal, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1). The Tribunal is reconstituted. Its members are Raëd Fathallah (Canadian/Lebanese), President, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1); Pierre MAYER (French), appointed by the Claimants; and Brigitte STERN (French), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
May 3, 2016	The Respondent files a request for provisional measures.
May 20, 2016	The Claimants file observations on the Respondent’s request for provisional measures.
May 23, 2016	The Respondent files a counter-memorial on the merits and a reply on jurisdiction.
June 3, 2016	The Respondent files a response to the Claimants’ observations of May 20, 2016.
June 17, 2016	The Claimants file further observations on the Respondent’s response of June 3, 2016.
September 19, 2016	The Tribunal issues Procedural Order No. 4 concerning provisional measures.
November 14, 2016	The Claimants file a reply on the merits and a rejoinder on jurisdiction.
February 20, 2017	The Respondent files a rejoinder on the merits.
April 18, 2017 - April 21, 2017	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
July 19, 2017	Each Party files a submission on costs.
November 10, 2017	The Tribunal poses questions to the parties.
December 15, 2017	Each party files answers to the questions posed by the Tribunal on November 10, 2017.
January 19, 2018	Each party files observations on the other party’s answers of December 15, 2017.
January 23, 2018	Each party files a further submission on costs.
February 15, 2018	The Respondent files a response to the Claimants’ observations of January 19, 2018.
March 5, 2018	The Claimants file further observations on the Respondent’s response of February 15, 2018.
March 20, 2018	The Respondent files a request for the Tribunal to decide on production of documents.
March 26, 2018	The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
March 27, 2018	The Respondent files a response to the Claimants’ observations of March 26, 2018.
April 2, 2018	The Tribunal decides on production of documents.
April 13, 2018	Each party files a further submission on costs.
July 10, 2018	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 27, 2018	The Tribunal renders its award.