Case Details

WalAm Energy LLC v. Republic of Kenya (ICSID Case No. ARB/15/7)

Subject of Dispute:

Geothermal energy development
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

WalAm Energy LLC (U.S.)
Respondent(s):

Republic of Kenya (Kenyan)
Date Registered:

February 23, 2015
Date of Constitution of Tribunal:

June 2, 2016

Composition of Tribunal

President:

Joe SMOUHA (British) - Appointed by the Parties
Arbitrators:

Swithin J. MUNYANTWALI (British, Ugandan) - Appointed by the Claimant(s)
James SPIGELMAN (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Gibson Dunn, London, U.K., and New York, NY, U.S.A.
Oraro & Company Advocates, Nairobi, Kenya
Respondent(s):

Coulson Harney, Nairobi, Kenya
Freshfields Bruckhaus Deringer, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 10, 2020 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 13, 2020 (Claimant(s))
Date of Constitution of ad hoc Committee:

February 26, 2021

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

President:

Loretta MALINTOPPI (Italian)
Members:

Gérard NIYUNGEKO (Burundi)
Mónica PINTO (Argentine)

Party Representatives

Claimant(s):

3 Verulam Building, London, U.K.
Respondent(s):

Attorney General’s Office
Michael Sullivan, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 23, 2022 - The ad hoc Committee issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).

No References Available.

(a) Original Proceeding

Date	Development
February 23, 2015	The Secretary-General registers a request for the institution of arbitration proceedings.
June 12, 2015	Following appointment by the Claimant, Swithin J. Munyantwali (British/Ugandan) accepts his appointment as arbitrator.
June 15, 2015	Following appointment by the Respondent, James Spigelman (Australian) accepts his appointment as arbitrator.
June 2, 2016	Following appointment by the parties, Joe Smouha (British) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Joe Smouha (British), President, appointed by agreement of the parties; Swithin J. Munyantwali (British/Ugandan), appointed by the Claimant; and James Spigelman (Australian), appointed by the Respondent.
August 9, 2016	The Respondent files objections to jurisdiction.
September 6, 2016	The Tribunal holds a first session in London.
September 26, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 21, 2016	The Claimant files a counter-memorial on jurisdiction.
November 18, 2016	The Respondent files a reply on jurisdiction.
December 16, 2016	The Claimant files a rejoinder on jurisdiction.
January 27, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
February 6, 2017 - February 7, 2017	The Tribunal holds a hearing on jurisdiction in London.
February 21, 2017	Each party files a submission on costs.
March 27, 2017	The Tribunal issues a decision on preliminary objections to jurisdiction.
March 29, 2017	The Claimant files a memorial on the merits.
April 7, 2017	The Respondent files a request for the Tribunal to decide on confidentiality of the decision of March 27, 2017.
April 27, 2017	The Claimant files observations on the Respondent’s request of April 7, 2017.
May 9, 2017	The Respondent files a response to the Claimant’s observations of April 27, 2017.
May 18, 2017	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of the decision of March 27, 2017.
October 31, 2017	The Respondent files a counter-memorial on the merits.
December 21, 2017	The Tribunal issues Procedural Order No. 4 concerning production of documents.
February 2, 2018	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
February 19, 2018	The Claimant files a reply on the merits.
April 16, 2018	The Respondent files a rejoinder on the merits.
April 26, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
May 1, 2018	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
May 15, 2018	The Respondent files an application for security for costs.
May 16, 2018 - May 25, 2018	The Tribunal holds a hearing on the merits in London.
May 21, 2018	The Claimant files observations on the Respondent’s application for security for costs.
May 23, 2018	The Respondent files a response to the Claimant’s observations of May 21, 2018.
May 31, 2018	The Tribunal issues Procedural Order No. 7 on security for costs.
June 15, 2018	The Claimant files a post-hearing submission on non-pecuniary remedies.
June 20, 2018	The Claimant file answers to the questions posed by the Tribunal during the hearing on the merits.
June 29, 2018	The Respondent files answers to the questions posed by the Tribunal during the hearing on the merits.
July 6, 2018	The Claimants’ file a reply post-hearing submission on non-pecuniary remedies.
July 20, 2018	Each party files a post-hearing submission on quantum.
August 10, 2018	Each party files a submission on costs.
October 2, 2019	The Tribunal issues Procedural Order No. 9 concerning the Claimant’s change of name.
June 22, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 10, 2020	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
November 13, 2020	The Secretary-General registers an application for annulment of the award filed by WalAm Energy LLC and notifies the parties of the provisional stay of enforcement of the award.
February 26, 2021	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Loretta Malintoppi (Italian), President; Gérard Niyungeko (Burundi); and Mónica Pinto (Argentine); all members appointed by the Chairman of the Administrative Council.
April 29, 2021	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
February 23, 2022	The ad hoc Committee issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).