Case Details

Standard Chartered Bank (Hong Kong) Limited v. United Republic of Tanzania (ICSID Case No. ARB/15/41)

Subject of Dispute:

Power purchase agreement
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Standard Chartered Bank (Hong Kong) Limited (Chinese)
Respondent(s):

United Republic of Tanzania (Tanzanian)
Date Registered:

September 30, 2015
Date of Constitution of Tribunal:

May 19, 2016

Composition of Tribunal

President:

Lawrence BOO (Singaporean) - Appointed by the Chairman of the Administrative Council
Arbitrators:

David UNTERHALTER (Maltese, South African) - Appointed by the Claimant(s)
Kamal HOSSAIN (Bangladeshi) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Lawrence BOO (Singaporean)
Arbitrators:

Stanley BURNTON (British)
Kamal HOSSAIN (Bangladeshi)
Reconstituted:

July 11, 2016: David UNTERHALTER (South African ,Maltese) appointed following the resignation of Stanley BURNTON (British)

Party Representatives

Claimant(s):

Herbert Smith Freehills, London, U.K.
Linklaters, London, U.K.
Respondent(s):

Crax Law Partners, Dar es Salaam, Tanzania
Rweyongeza and Company Advocates, Dar es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 11, 2019 - 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. 5a

Procedural Order No. 5b

Procedural Order No. 6a

Procedural Order No. 6b

Procedural Order No. 7

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (June 27, 2016) English (Original)

Procedural Order No. 2 (October 11, 2016) English (Original)

Procedural Order No. 3 (October 11, 2016) English (Original)

Procedural Order No. 4 (July 17, 2017) English (Original)

Procedural Order No. 5a (September 11, 2017) English (Original)

Procedural Order No. 5b (September 11, 2017) English (Original)

Procedural Order No. 6a (January 15, 2018) English (Original)

Procedural Order No. 6b (January 15, 2018) English (Original)

Procedural Order No. 7 (January 30, 2018) English (Original)

Award of the Tribunal (October 11, 2019) English (Original)

(a) Original Proceeding

Date	Development
September 30, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
January 4, 2016	Following appointment by the Claimant, Stanley Burnton (British) accepts his appointment as arbitrator.
January 5, 2016	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
January 17, 2016	Following appointment by the Respondent, Kamal Hossain (Bangladeshi) accepts his appointment as arbitrator.
May 19, 2016	Following appointment by the Chairman of the Administrative Council, Lawrence Boo (Singaporean) accepts his appointment as presiding arbitrator.
May 19, 2016	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Lawrence Boo (Singaporean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Stanley Burnton (British), appointed by the Claimant; and Kamal Hossain (Bangladeshi), appointed by the Respondent.
June 27, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 29, 2016	The Respondent files a proposal for disqualification of arbitrator Stanley Burnton. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
July 5, 2016	The Claimant files observations on the proposal for disqualification.
July 7, 2016	Following the resignation of arbitrator Stanley Burnton, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
July 7, 2016	The Tribunal consents to the resignation of arbitrator Stanley Burnton pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
July 11, 2016	Following the resignation of arbitrator Stanley Burnton, David Unterhalter (South African) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1).
July 11, 2016	The Tribunal is reconstituted. Its members are: Lawrence Boo (Singaporean), President, appointed by the Chairman of the Administrative Council; David Unterhalter (South African), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Kamal Hossain (Bangladeshi) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
August 5, 2016	The Tribunal holds a first session in London.
August 15, 2016	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
September 2, 2016	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
September 23, 2016	The Tribunal holds a hearing on procedural matters in London.
October 11, 2016	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
October 11, 2016	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
December 16, 2016	The Claimant files a memorial on the merits.
June 26, 2017	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
July 7, 2017	The Tribunal decides on the procedural calendar.
July 17, 2017	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
August 14, 2017	Following exchanges between the parties, the parties files a request for the Tribunal to decide on production of documents.
September 11, 2017	The Tribunal issues Procedural Order No. 5 concerning production of documents.
November 2, 2017	The Respondent files a request for the Tribunal to decide on production of documents.
November 10, 2017	The Claimant files a counter-memorial on jurisdiction and a reply on the merits.
November 17, 2017	The Claimant files a request for the Tribunal to decide on production of documents.
December 1, 2017	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
December 7, 2017	The Respondent files a request for a modification to the procedural calendar.
December 12, 2017	The Claimant files observations on the Respondent’s request for of December 7, 2017.
December 18, 2017	The Respondent files further observations on the request of December 7, 2017.
January 2, 2018	The Respondent files observations on the Claimant’s request for the Tribunal to decide on production of documents.
January 4, 2018	The Tribunal issues a decision on Respondent’s request of December 7, 2017.
January 16, 2018	The Tribunal issues Procedural Order No. 6 concerning production of documents.
January 30, 2018	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
March 16, 2018	The Claimant files a request for the Tribunal to decide on production of documents.
April 3, 2018	The Tribunal decides on production of documents.
May 23, 2018	The Respondent files a reply on jurisdiction and rejoinder on the merits.
July 2, 2018	The Claimant files a rejoinder on jurisdiction.
July 4, 2018	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
July 16, 2018 - July 23, 2018	The Tribunal holds a hearing on jurisdiction and the merits in London.
September 7, 2018	Each party files a post-hearing brief.
September 21, 2018	Each party files a reply post-hearing brief.
September 21, 2018	Each party files a submission on costs.
August 28, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
October 11, 2019	The Tribunal renders its award.