Case Details

Ansung Housing Co., Ltd. v. People's Republic of China (ICSID Case No. ARB/14/25)

Subject of Dispute:

Property development project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT China - Korea, Republic of 2007
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Ansung Housing Co., Ltd. (Korean)
Respondent(s):

People's Republic of China (Chinese)
Date Registered:

November 4, 2014
Date of Constitution of Tribunal:

September 2, 2016

Composition of Tribunal

President:

Lucy REED (U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Michael C. PRYLES (Australian) - Appointed by the Claimant(s)
Albert Jan VAN DEN BERG (Dutch) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Ansung Housing Co., Ltd., Seoul, Republic of Korea
Bae, Kim & Lee, Seoul, Republic of Korea
Respondent(s):

Dentons Europe, Paris, France
Ministry of Commerce, People’s Republic of China
Zhong Lun Law Firm, Beijing, People’s Republic of China
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 9, 2017 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (March 9, 2017) English (Original)

(a) Original Proceeding

Date	Development
November 4, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
February 4, 2015	Following appointment by the Claimant, Michael C. Pryles (Australian) accepts his appointment as arbitrator. Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
December 3, 2015	J. Christopher Thomas withdraws acceptance of his appointment as arbitrator.
July 13, 2016	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
July 25, 2016	Following appointment by the Respondent, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
September 2, 2016	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Lucy Reed (U.S.) accepts her appointment as presiding arbitrator. The Tribunal is constituted in accordance with 37(2)(b) of the ICSID Convention. Its members are: Lucy Reed (U.S.), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Michael Pryles (Australian), appointed by the Claimant; and Albert Jan van den Berg (Dutch), appointed by the Respondent.
September 15, 2016	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 28, 2016	The Claimant files observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 16, 2016	The Respondent files observations on its preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 2, 2016	The Claimant files further observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 14, 2016	The Tribunal holds a first session and a hearing on preliminary objections pursuant to ICSID Arbitration Rule 41(5) in Singapore.
January 17, 2017	Each party files a statement of costs.
February 3, 2017	The Respondent files observations on the Claimant’s submission on costs.
February 15, 2017	The Claimant files a response to the Respondent’s observations of February 3, 2017. The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 9, 2017	The Tribunal renders its award.