Case Details

Thomas Gosling and others v. Republic of Mauritius (ICSID Case No. ARB/16/32)

Subject of Dispute:

Real estate projects
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Mauritius - United Kingdom of Great Britain and Northern Ireland 1986
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Thomas Gosling (British), Property Partnerships Development Managers (UK) (British), TG Investments Ltd (Mauritian), Property Partnerships Holdings (Mauritius) Ltd (Mauritian), Property Partnerships Developments (Mauritius) Ltd (Mauritian)
Respondent(s):

Republic of Mauritius (Mauritian)
Date Registered:

September 27, 2016
Date of Constitution of Tribunal:

January 26, 2017

Composition of Tribunal

President:

Andrés RIGO SUREDA (Spanish) - Appointed by Co-Arbitrators
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Latham & Watkins, London, U.K.
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Matrix Chambers, London, U.K.
Office of the Prime Minister, Office of the Attorney General, Republic of Mauritius
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 18, 2020 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Stanimir Alexandrov.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (February 18, 2020)

Dissenting Opinion of Stanimir Alexandrov (February 14, 2020)

(a) Original Proceeding

Date	Development
September 27, 2016	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
November 3, 2016	Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
December 12, 2016	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
January 26, 2017	Following appointment by his co-arbitrators, Andrés Rigo Sureda (Spanish) 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: Andrés Rigo Sureda (Spanish), President, appointed by his co-arbitrators; Stanimir Alexandrov (Bulgarian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
February 27, 2017	The Tribunal holds a first session in Washington, D.C.
March 6, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 21, 2017	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
September 8, 2017	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
November 10, 2017	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
January 16, 2018	The Claimants file a memorial on the merits.
January 18, 2018	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
February 15, 2018	The Respondent files objections to jurisdiction, including a request to address the objections to jurisdiction as a preliminary question.
March 8, 2018	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
April 9, 2018	The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
October 30, 2018	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
November 19, 2018	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
December 20, 2018	Following exchanges between the parties, the Tribunal issues Procedural Order No. 8 concerning production of documents.
January 18, 2019	The Tribunal issues Procedural Order No. 9 concerning production of documents and the procedural calendar.
February 3, 2019	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
May 9, 2019	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
May 30, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
June 3, 2019	The Tribunal issues Procedural Order No. 10 concerning organization of the hearing.
June 17, 2019 - June 25, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
August 5, 2019	The Claimants file a statement of costs.
August 6, 2019	The Respondent files a statement of costs.
February 4, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 18, 2020	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Stanimir Alexandrov.