Case Details
Raymond Charles Eyre and Montrose Developments (Private) Limited v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/16/25)
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Hotel development project
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Tourism
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BIT United Kingdom of Great Britain and Northern Ireland - Sri Lanka 1980
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ICSID Convention - Arbitration Rules
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Raymond Charles Eyre (British), Montrose Developments (Private) Limited (Sri Lankan)
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Democratic Socialist Republic of Sri Lanka (Sri Lankan)
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August 4, 2016
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March 6, 2017
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Lucy REED (U.S.) - Appointed by the Parties
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Julian D.M. LEW (British) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s) -
Bird & Bird, London, U.K.
Christopher Harris, Cameron Miles, 3 Verulam Building, London, U.K.
Dr. Harsha Cabral PC, Colombo, Sri Lanka -
Attorney General’s Office, Colombo, Sri Lanka
Clyde & Co, London, U.K.
Ricky Diwan, Essex Court Chambers, London, U.K.
Allen & Gledhill, Singapore -
English
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Concluded
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March 5, 2020 - The Tribunal renders its award.
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Claimant(s)
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May 6, 2020 (Claimant(s))
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June 2, 2020
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Eduardo ZULETA (Colombian)
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Christopher Harris, Cameron Miles, 3 Verulam Buildings, London, U.K.
Bird & Bird, London, U.K. -
Clyde & Co., London, U.K.
Ricky Diwan, Essex Court Chambers, London, U.K.
Attorney General’s Office, Colombo, Sri Lanka -
Concluded
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December 2, 2020 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(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
Award of the Tribunal
Available on the ICSID Website
Procedural Order No. 1 (June 1, 2017) English (Original)
Procedural Order No. 2 (February 21, 2018) English (Original)
Procedural Order No. 3 (May 30, 2018) English (Original)
Procedural Order No. 4 (September 24, 2018) English (Original)
Procedural Order No. 5 (October 2, 2018) English (Original)
Procedural Order No. 6 (February 6, 2019) English (Original)
Award of the Tribunal (March 5, 2020) English (Original)
(b) Annulment Proceeding
Published Decisions
Excerpts of the Decision on Annulment
Available on the ICSID Website
Excerpts of the Decision on Annulment (December 2, 2020) English (Original)
(a) Original Proceeding
Date | Development |
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August 4, 2016 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
January 18, 2017 | Following appointment by the Claimant, Julian Lew (U.K.) accepts his appointment as arbitrator. |
February 8, 2017 | Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator. |
March 5, 2017 | Following appointment by agreement of the parties, Lucy Reed (U.S.) accepts her appointment as presiding arbitrator. |
March 6, 2017 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Lucy Reed (U.S.), President, appointed by agreement of the parties; Julian Lew (British), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent. |
May 1, 2017 | The Tribunal holds a first session by telephone conference. |
June 1, 2017 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
August 11, 2017 | The Claimants file a memorial on the merits. |
December 8, 2017 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
December 8, 2017 | The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(1). |
December 29, 2017 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
January 10, 2018 | The Respondent files a response to the Claimants’ observations of December 29, 2017. |
February 21, 2018 | The Tribunal issues Procedural Order No. 2 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. |
April 25, 2018 | The Claimants file a counter-memorial on jurisdiction. |
May 23, 2018 | The Respondent files a request for the Tribunal to decide on production of documents. |
May 25, 2018 | The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents. |
May 30, 2018 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
July 18, 2018 | The Respondent files a reply on jurisdiction. |
July 31, 2018 | The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
August 1, 2018 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
August 9, 2018 | The proceeding is resumed following payment of the required advances. |
September 6, 2018 | The Claimants file a rejoinder on jurisdiction. |
September 24, 2018 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
September 28, 2018 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 2, 2018 | The Tribunal issues Procedural Order No. 5 concerning organization of the hearing. |
October 17, 2018 - October 19, 2018 | The Tribunal holds hearing on jurisdiction in London. |
December 7, 2018 | Each party files a post-hearing brief. |
February 6, 2019 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
March 5, 2020 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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May 6, 2020 | The Secretary-General registers an application for annulment of the award filed by Raymond Charles Eyre and Montrose Developments (Private) Limited and notifies the parties of the provisional stay of enforcement of the award. |
June 2, 2020 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President; Nudrat E. Piracha (Pakistani); and Giorgio Sacerdoti (Italian); all members appointed by the Chairman of the Administrative Council. |
June 15, 2020 | Raymond Charles Eyre and Montrose Developments (Private) Limited file a request to continue the stay of enforcement of the award. |
June 25, 2020 | The Democratic Socialist Republic of Sri Lanka files observations on Raymond Charles Eyre and Montrose Developments (Private) Limited’s request to continue the stay of enforcement of the award. |
June 25, 2020 | The Democratic Socialist Republic of Sri Lanka files a counter-memorial on annulment. |
June 30, 2020 | Raymond Charles Eyre and Montrose Developments (Private) Limited file a response to the Democratic Socialist Republic of Sri Lanka’s observations of June 25, 2020. |
July 3, 2020 | The Democratic Socialist Republic of Sri Lanka files further observations on Raymond Charles Eyre and Montrose Developments (Private) Limited’s request to continue the stay of enforcement of the award. |
July 15, 2020 | The ad hoc Committee holds a first session by video conference. |
July 16, 2020 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
July 16, 2020 | The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award. |
August 21, 2020 | Raymond Charles Eyre and Montrose Developments (Private) Limited file a reply on annulment. |
September 16, 2020 | The Democratic Socialist Republic of Sri Lanka files a rejoinder on annulment. |
October 12, 2020 - October 13, 2020 | The ad hoc Committee holds a hearing on annulment by video conference. |
October 30, 2020 | Each party files a statement of costs. |
December 2, 2020 | The ad hoc Committee issues its decision on annulment. |