Case Details

Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited v. Republic of Kenya (ICSID Case No. ARB/15/29)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT United Kingdom of Great Britain and Northern Ireland - Kenya 1999
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Cortec Mining Kenya Limited (Kenyan), Stirling Capital Limited (British), Cortec (Pty) Limited (British)
Respondent(s):

Republic of Kenya (Kenyan)
Date Registered:

July 7, 2015
Date of Constitution of Tribunal:

November 12, 2015

Composition of Tribunal

President:

Ian BINNIE (Canadian) - Appointed by Co-Arbitrators
Arbitrators:

Kanaga DHARMANANDA (Australian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Clifford Chance London, U.K., Perth, Australia, and Hong Kong
Respondent(s):

DLA Piper, London, U.K.
Iseme, Kamau & Maema Advocates, Nairobi, Kenya
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 22, 2018 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

March 19, 2019 (Claimant(s))
Date of Constitution of ad hoc Committee:

May 3, 2019

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

D. Brian KING (U.S.)
Members:

Cavinder BULL (Singaporean)
Dorothy Udeme UFOT (Nigerian)

Party Representatives

Claimant(s):

Clifford Chance London, U.K., Perth, Australia, and Hong Kong
Respondent(s):

Office of the Attorney-General and the Department of Justice, Republic of Kenya, Nairobi, Kenya
Michael Sullivan, One Essex Court, London, U.K.
Henry Forbes Smith, One Essex Court, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 19, 2021 - The ad hoc Committee issues its decision on annulment.

(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

Procedural Order No. 7

Procedural Order No. 8

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (March 29, 2016) English (Original)

Procedural Order No. 2 (May 6, 2016) English (Original)

Procedural Order No. 3 (June 6, 2016) English (Original)

Procedural Order No. 4 (September 9, 2016) English (Original)

Procedural Order No. 5 (May 5, 2017) English (Original)

Procedural Order No. 6 (July 21, 2017) English (Original)

Procedural Order No. 7 (November 22, 2017) English (Original)

Procedural Order No. 8 (December 15, 2017) English (Original)

Award of the Tribunal (October 22, 2018) English (Original)

(b) Annulment Proceeding

Published Decisions

Procedural Order No. 3

Procedural Order No. 4

Available on the ICSID Website

Procedural Order No. 3 (August 12, 2020) English (Original)

Procedural Order No. 4 (September 18, 2020) English (Original)

(a) Original Proceeding

Date	Development
July 7, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
September 4, 2015	Following appointment by the Claimants, Kanaga Dharmananda (Australian) accepts his appointment as arbitrator.
September 29, 2015	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
November 10, 2015	Following appointment by his co-arbitrators, Ian Binnie (Canadian) accepts his appointment as presiding arbitrator.
November 12, 2015	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ian Binnie (Canadian), President, appointed by his co-arbitrators; Kanaga Dharmananda (Australian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
February 5, 2016	The Tribunal holds a first session by telephone conference.
March 29, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 5, 2016	The Claimants file a memorial on the merits.
May 6, 2016	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
June 6, 2016	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
September 9, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
October 5, 2016	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
January 25, 2017	The Claimants file a counter-memorial on jurisdiction.
May 5, 2017	The Tribunal issues Procedural Order No. 5 concerning production of documents.
July 14, 2017	The Tribunal holds a hearing on production of documents by telephone conference.
July 21, 2017	The Tribunal issues procedural order no. 6 concerning document production.
July 31, 2017	The Claimants file a reply on the merits.
October 20, 2017	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
November 10, 2017	The Claimants file a rejoinder on jurisdiction.
November 14, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
November 22, 2017	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
December 14, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
December 15, 2017	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
January 15, 2018 - January 23, 2018	The Tribunal holds a hearing on jurisdiction and the merits in Dubai.
April 11, 2018	Each party files a post-hearing brief and a submission on costs.
October 22, 2018	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
March 19, 2019	The Secretary-General registers an application for partial annulment of the award filed by Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited and notifies the parties of the provisional stay of enforcement of the award.
May 3, 2019	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: D. Brian King (U.S.), President; Cavinder Bull (Singaporean); and Dorothy Ufot (Nigerian); all members appointed by the Chairman of the Administrative Council.
May 29, 2019	Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited file a request to continue the provisional stay of enforcement of the award.
June 27, 2019	The ad hoc Committee holds a first session by telephone conference.
July 22, 2019	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
August 23, 2019	The ad hoc Committee issues a decision on the stay of enforcement of the award.
September 19, 2019	Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited file a memorial on annulment.
December 12, 2019	The Republic of Kenya files a counter-memorial on annulment.
March 5, 2020	Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited file a reply on annulment.
May 4, 2020	The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters.
May 7, 2020	The Republic of Kenya files a rejoinder on annulment.
August 7, 2020	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
August 12, 2020	The ad hoc Committee issues Procedural Order No. 3 concerning the organization of the hearing.
September 10, 2020 - September 16, 2020	The ad hoc Committee holds a hearing on annulment by video conference.
September 18, 2020	The ad hoc Committee issues Procedural Order No. 4 concerning procedural matters.
October 30, 2020	Each party files a post-hearing brief.
November 9, 2020	Each party files a statement of costs.
December 31, 2020	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
March 19, 2021	The ad hoc Committee issues its decision on annulment.