Case Details

Menzies Middle East and Africa S.A. and Aviation Handling Services International Ltd. v. Republic of Senegal (ICSID Case No. ARB/15/21)

Subject of Dispute:

Ground handling services
Economic Sector:

Services & Trade
Instrument(s) Invoked:

BIT Senegal - Netherlands 1979, BIT United Kingdom of Great Britain and Northern Ireland - Senegal 1980 - Investment Law - Senegal (2004), GATS
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Aviation Handling Services International Ltd. (British), Menzies Middle East and Africa S.A. (Luxembourg)
Respondent(s):

Republic of Senegal (Senegalese)
Date Registered:

June 1, 2015
Date of Constitution of Tribunal:

September 17, 2015

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by the Parties
Arbitrators:

Hamid G. GHARAVI (French, Iranian) - Appointed by the Claimant(s)
Pierre MAYER (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Rasseck Bourgi, Paris, France
Yves Nouvel, Paris, France
Respondent(s):

Agent Judiciaire de l'Etat du Sénégal, Dakar, Senegal
François Meyer, Paris, France
HMN & Partners, Paris, France
Language(s) of Proceeding:

French
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 5, 2016 - The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Award

Available on the ICSID Website

Procedural Order No. 1 (October 30, 2015) French (Original)

Procedural Order No. 2 (December 2, 2015) French (Original)

Award (August 5, 2016) French (Original)

(a) Original Proceeding

Date	Development
June 1, 2015	The Secretary-General registers a request for the institution of arbitration proceedings
July 2, 2015	Following appointment by the Claimants, Hamid Gharavi (French/Iranian) accepts his appointment as arbitrator.
July 26, 2015	Following appointment by the Respondent, Pierre Mayer (French) accepts his appointment as arbitrator.
September 14, 2015	The Claimants file a request for provisional measures.
September 17, 2015	Following appointment by the parties, Bernard Hanotiau (Belgian) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President, appointed by agreement of the parties; Hamid Gharavi (French/Iranian), appointed by the Claimants; and Pierre Mayer (French), appointed by the Respondent.
September 24, 2015	The Claimants files a request for the admissibility of further evidence.
September 30, 2015	The Tribunal decides on the Claimants’ request of September 24, 2015.
October 15, 2015	The Respondent files observations on the Claimants’ request for provisional measures. As directed by the Tribunal, the Claimants produce further evidence.
October 19, 2015	The Tribunal holds a first session and a hearing on provisional measures in Paris.
October 30, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 1, 2015	The Respondent files a memorial on objections to jurisdiction.
December 2, 2015	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
January 19, 2016	The Claimant files a counter-memorial on objections to jurisdiction.
February 19, 2016	The Respondent files a reply on objections to jurisdiction.
March 21, 2016	The Claimants file a rejoinder on jurisdiction.
April 15, 2016	The Tribunal holds a hearing on jurisdiction in Paris.
May 24, 2016	The Claimants file a submission on costs.
June 3, 2016	The Respondent files a submission on costs.
August 5, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). The Tribunal renders its award.