Case Details

Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v. Democratic Republic of Timor-Leste (ICSID Case No. ARB/15/2)

Subject of Dispute:

Fuel supply agreement
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract, Investment Law - Timor-Leste (2005)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Lighthouse Corporation Pty Ltd (Australian), Lighthouse Corporation Ltd, IBC (Seychelles)
Respondent(s):

Democratic Republic of Timor-Leste (East Timorese)
Date Registered:

January 14, 2015
Date of Constitution of Tribunal:

August 7, 2015

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by Co-Arbitrators
Arbitrators:

Stephen JAGUSCH (New Zealand) - Appointed by the Claimant(s)
Campbell Alan MC LACHLAN (New Zealand) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Chester Brown, Sydney, Australia
John H. Karkar, Melbourne, Australia
Johnson Winter & Slattery, Sydney, Australia
Respondent(s):

DLA Piper, Brisbane, Australia
Jonathan Kay Hoyle, Sydney, Australia
Shane Doyle, Brisbane, Australia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 22, 2017 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Award

Available on the ICSID Website

Procedural Order No. 1 (October 13, 2015) English (Original)

Procedural Order No. 2 (February 13, 2016) English (Original)

Procedural Order No. 3 (July 8, 2016) English (Original)

Procedural Order No. 4 (October 21, 2016) English (Original)

Procedural Order No. 5 (February 7, 2017) English (Original)

Procedural Order No. 6 (March 7, 2017) English (Original)

Award (December 22, 2017) English (Original)

(a) Original Proceeding

Date	Development
January 14, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
April 22, 2015	Following appointment by the Claimants, Stephen Jagusch (New Zealand) accepts his appointment as arbitrator.
May 27, 2015	Following appointment by the Respondent, Campbell McLachlan (New Zealand) accepts his appointment as arbitrator.
August 7, 2015	Following appointment by the co-arbitrators, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are Gabrielle Kaufmann-Kohler (Swiss), President, appointed by the co-arbitrators; Stephen Jagusch (New Zealand), appointed by the Claimants; and Campbell McLachlan (New Zealand), appointed by the Respondent.
October 6, 2015	The Tribunal holds a first session by telephone conference.
October 9, 2015	The Respondent files a request for provisional measures.
October 13, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 20, 2015	The Claimants file observations on the Respondent’s request for provisional measures.
December 5, 2015	The Respondent files a reply to the Claimants’ observations of November 20, 2015.
December 16, 2015	The Claimants file a rejoinder to the Respondent’s response of December 5, 2015.
January 21, 2016	The Tribunal holds a hearing on provisional measures by telephone conference.
February 13, 2016	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
March 14, 2016	The Claimants file a memorial on the merits.
May 18, 2016	The Respondent files a memorial on jurisdiction and a request to address the objections to jurisdiction as a preliminary question.
June 13, 2016	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
July 8, 2016	The Tribunal issues Procedural Order No. 3 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.
August 19, 2016	The Claimants file a counter-memorial on jurisdiction.
October 21, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
December 16, 2016	The Respondent files a reply on jurisdiction.
January 27, 2017	The Claimant files a rejoinder on jurisdiction.
February 7, 2017	The Tribunal issue Procedural Order No. 5 concerning the organization of the hearing on jurisdiction.
February 23, 2017 - February 25, 2017	The Tribunal hold a hearing on jurisdiction in Sydney.
March 7, 2017	The Tribunal issues Procedural Order No. 6 concerning post-hearing organization.
April 18, 2017	Each party files a post-hearing brief.
May 10, 2017	The claimants file a reply post-hearing brief.
May 24, 2017	Each party files a statement of costs.
December 22, 2017	The Tribunal renders its award.