Case Details

Prime Energy Resources Development B.V. (formerly Shell Philippines Exploration B.V.) v. Republic of the Philippines (ICSID Case No. ARB/16/22)

Subject of Dispute:

Hydrocarbon concession, taxation
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Philippines - Netherlands 1985
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Prime Energy Resources Development B.V. (formerly Shell Philippines Exploration B.V.) (Dutch)
Respondent(s):

Republic of the Philippines (Philippine)
Date Registered:

July 20, 2016
Date of Constitution of Tribunal:

January 26, 2017

Composition of Tribunal

President:

Juliet BLANCH (British) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

V.V. VEEDER (British) - Appointed by Co-Arbitrators
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)
Reconstituted:

August 14, 2020: Juliet BLANCH (British) appointed following the resignation of V.V. VEEDER (British)

Party Representatives

Claimant(s):

King & Spalding, Singapore, New York, NY, U.S.A. and Houston, TX, U.S.A.
Romulo Mabanta Buenaventura Sayoc & de los Angeles, Makati City, Philippines
Respondent(s):

Office of the Solicitor General of the Philippines, Makati City, Philippines
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 31, 2023 - The Respondent files a Rejoinder to the Claimant’s submission on matters of procedure dated December 15, 2022.

No References Available.

(a) Original Proceeding

Date	Development
July 20, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
December 8, 2016	Following appointment by the Claimant, Horacio A. Grigera Naón (Argentine) accepts his appointment as arbitrator.
December 23, 2016	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
January 26, 2017	Following appointment by his co-arbitrators, V.V. Veeder (British) accepts his appointment as presiding arbitrator.
January 26, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: V.V. Veeder (British), President, appointed by his co-arbitrators; Horacio A. Grigera Naón (Argentine), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
February 15, 2017	The Claimant files a request for provisional measures.
March 2, 2017	The Tribunal holds a first session by telephone conference.
March 31, 2017	The Respondent files observations on the Claimant’s request for provisional measures.
April 21, 2017	The Tribunal issues Procedural Order No. 1A concerning procedural matters.
April 21, 2017	The Claimant files a response to the Respondent’s observations of March 31, 2017.
May 12, 2017	The Respondent files a rejoinder on provisional measures.
June 6, 2017	The Claimant files a memorial on the merits.
June 16, 2017	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 29, 2017	The Tribunal holds a hearing on provisional measures in Singapore.
June 30, 2017	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
July 13, 2017	The Tribunal issues Procedural Order No. 1B concerning procedural matters.
July 31, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
August 14, 2017	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
August 21, 2017	The Respondent files a statement of costs.
August 28, 2017	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
August 29, 2017	The Tribunal issues a decision on provisional measures.
September 15, 2017	The Claimant files a statement of costs.
November 27, 2017	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
March 13, 2018	The Respondent files a memorial on jurisdiction.
May 22, 2018	The Claimant files a counter-memorial on jurisdiction.
July 6, 2018	The Respondent files a reply on jurisdiction.
August 20, 2018	The Claimant files a renewed request for provisional measures.
August 20, 2018	The Claimant files a rejoinder on jurisdiction.
August 24, 2018	The Respondent files observations on the Claimant’s renewed request for provisional measures.
September 5, 2018	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
September 19, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 10, 2018	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
September 28, 2018	The Respondent files further observations on the Claimant’s renewed request for provisional measures.
October 23, 2018 - October 24, 2018	The Tribunal holds a hearing on jurisdiction and provisional measures in Washington, D.C.
October 26, 2018	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
November 12, 2018	Each party files a submission on costs.
February 4, 2020	Following the resignation of arbitrator V.V. Veeder, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
August 10, 2020	Following the resignation of arbitrator V.V. Veeder, Juliet Blanch (British) accepts her appointment as presiding arbitrator, appointed by agreement of the parties.
August 14, 2020	The Tribunal is reconstituted. Its members are: Juliet Blanch (British), President, appointed by agreement of the parties; Horacio A. Grigera Naón (Argentine), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
August 24, 2020	The Tribunal issues Procedural Order No. 8 concerning provisional measures.
August 27, 2020	The proceeding is suspended until March 1, 2021, pursuant to the parties’ agreement.
August 27, 2020	The Tribunal issues Procedural Order No. 9 concerning the suspension of the proceeding.
February 26, 2021	The proceeding is suspended until September 1, 2021, pursuant to the parties’ agreement.
April 1, 2021	The Tribunal issues Procedural Order No. 10 concerning provisional measures.
September 1, 2021	The Tribunal issues Procedural Order No. 11 concerning the suspension of the proceeding.
February 28, 2022	The Tribunal issues Procedural Order No. 12 concerning the suspension of the proceeding.
December 15, 2022	The Claimant files a submission on matters of procedure.
January 30, 2023	The Respondent files a response to the Claimant’s submission on matters of procedure dated December 15, 2022.
March 1, 2023	The Claimant files a reply on matters of procedure.
March 31, 2023	The Respondent files a Rejoinder to the Claimant’s submission on matters of procedure dated December 15, 2022.