Case Details

AngloGold Ashanti (Ghana) Limited v. Republic of Ghana (ICSID Case No. ARB/16/15)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

AngloGold Ashanti (Ghana) Limited (Ghanaian)
Respondent(s):

Republic of Ghana (Ghanaian)
Date Registered:

May 2, 2016
Date of Constitution of Tribunal:

October 13, 2016

Composition of Tribunal

President:

Veijo HEISKANEN (Finnish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

David A.R. WILLIAMS (New Zealand) - Appointed by the Claimant(s)
Muna B. NDULO (Zambian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Bentsi-Enchill, Letsa & Ankomah, Accra, Ghana
Quinn Emanuel Urquhart & Sullivan, London, U.K.
Respondent(s):

Curtis, Mallet-Prevost, Colt and Mosle, New York, NY, U.S.A.
Kuenyehia & Nutsukpui, Accra, Ghana
Ministry of Justice and Attorney General’s Department, Accra, Ghana
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 7, 2018 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Order of the Tribunal Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Order of the Tribunal Taking Note of the Discontinuance of the Proceeding (August 7, 2018) English (Original)

(a) Original Proceeding

Date	Development
May 2, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
June 3, 2016	The Claimant files a request for provisional measures.
July 12, 2016	Following appointment by the Claimant, David A.R. Williams (New Zealand) accepts his appointment as arbitrator.
August 8, 2016	Following appointment by the Respondent, Muna B. Ndulo (Zambian) accepts his appointment as arbitrator.
September 21, 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.
October 13, 2016	Following appointment by the Chairman of the Administrative Council, Veijo Heiskanen (Finnish) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Veijo Heiskanen (Finnish), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; David A.R. Williams (New Zealand), appointed by the Claimant; and Muna B. Ndulo (Zambian), appointed by the Respondent.
October 25, 2016	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 4, 2016	The Respondent files observations on the Claimant’s request for provisional measures.
November 10, 2016	The Claimant files a response to the Respondent’s observations of November 4, 2016.
November 16, 2016	The Respondent files further observations on the Claimant’s response of November 10, 2016.
November 28, 2016	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
December 9, 2016	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
December 11, 2016	The Respondent files a response to the Claimant’s observations of December 9, 2016.
December 12, 2016	The Tribunal holds a first session by telephone conference. The Tribunal decides on procedural matters; as a result, the proceeding on the merits is suspended.
December 20, 2016	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
January 16, 2017	The Respondent files a memorial on jurisdiction.
February 13, 2017	The Claimant files a counter-memorial on jurisdiction.
February 17, 2017	The Tribunal decides on the Respondent’s request to address the objections to jurisdiction as a preliminary matter; as a result, the objections to jurisdiction are joined to the merits of the dispute.
March 9, 2017	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary matter.
April 7, 2017	The Claimant files a memorial on the merits.
August 4, 2017	The proceeding is suspended until December 31, 2017, pursuant to the parties’ agreement.
April 3, 2018	The suspension of the proceeding is extended until April 30, 2018, pursuant to the parties’ agreement.
June 4, 2018	The suspension of the proceeding is further extended until July 31, 2018, pursuant to the parties’ agreement.
July 19, 2018	The Claimant files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
July 23, 2018	The Respondent confirms the Claimant’s request of July 19, 2018.
August 7, 2018	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).