Case Details

Hela Schwarz GmbH v. People's Republic of China (ICSID Case No. ARB/17/19)

Subject of Dispute:

Spice products company
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT China - Germany 2003
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Hela Schwarz GmbH (German)
Respondent(s):

People’s Republic of China (Chinese)
Date Registered:

June 21, 2017
Date of Constitution of Tribunal:

January 8, 2018

Composition of Tribunal

President:

Daniel BETHLEHEM (British) - Appointed by the Secretary-General
Arbitrators:

Roland ZIADÉ (Ecuadorian, French, Lebanese) - Appointed by the Claimant(s)
Campbell Alan MC LACHLAN (New Zealand) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Wagner Arbitration, Berlin, Germany
Respondent(s):

Ministry of Commerce, People’s Republic of China
Shearman & Sterling, Beijing, People’s Republic of China
Global Law Office, Beijing, People’s Republic of China
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

April 28, 2023 - Each party files a statement of costs.

(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

Procedural Order No. 7

Procedural Order No. 8

Available on the ICSID Website

Procedural Order No. 1 (March 9, 2018) English (Original)

Procedural Order No. 2 (August 10, 2018) English (Original)

Procedural Order No. 3 (December 17, 2018) English (Original)

Procedural Order No. 4 (May 15, 2019) English (Original)

Procedural Order No. 5 (July 29, 2019) English (Original)

Procedural Order No. 6 (September 25, 2020) English (Original)

Procedural Order No. 7 (January 27, 2022) English (Original)

Procedural Order No. 8 (November 8, 2022) English (Original)

(a) Original Proceeding

Date	Development
June 21, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
September 27, 2017	Following appointment by the Claimant, Roland Ziadé (Lebanese/French/Ecuadoran) accepts his appointment as arbitrator.
October 27, 2017	Following appointment by the Respondent, Campbell McLachlan (New Zealand) accepts his appointment as arbitrator.
December 4, 2017	The Claimant files a request for provisional measures.
December 13, 2017	The Respondent files observations on the Claimant’s request for provisional measures.
December 18, 2017	The Claimant files a response to the Respondent’s observations of December 13, 2017.
December 22, 2017	The Respondent files further observations on the Claimant’s request for provisional measures.
January 8, 2018	Following appointment by the Secretary-General pursuant to the parties’ agreement, Daniel Bethlehem (British) accepts his appointment as presiding arbitrator.
January 8, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Daniel Bethlehem (British), appointed by the Secretary-General pursuant to the parties’ agreement; Roland Ziadé (French/Lebanese/Ecuadorian), appointed by the Claimant; and Campbell McLachlan (New Zealand), appointed by the Respondent.
February 1, 2018	The Tribunal holds a first session by telephone conference.
February 26, 2018	The Claimant files a request to amend the request for arbitration.
March 9, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 22, 2018	The Respondent files observations on the Claimant’s request of February 26, 2017.
April 10, 2018	The Tribunal decides on provisional measures and the Claimant’s request to amend the request for arbitration.
June 29, 2018	The Claimant files a memorial on the merits.
August 10, 2018	The Tribunal issues Procedural Order No. 2 concerning its decision on provisional measures of April 10, 2018.
October 1, 2018	The Respondent files a memorial on jurisdiction, including a request to address the objections to jurisdiction as a preliminary question.
December 17, 2018	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 objections to jurisdiction are joined to the merits of the dispute.
April 17, 2019	The Respondent files a counter-memorial on the merits.
May 15, 2019	The Tribunal issues Procedural Order No. 4 concerning the Claimant’s request to amend the request for arbitration.
July 29, 2019	The Tribunal issues Procedural Order No. 5 concerning production of documents.
December 6, 2019	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
April 14, 2020	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
May 18, 2020	The Claimant files a rejoinder on jurisdiction.
September 25, 2020	The Tribunal issues Procedural Order No. 6 concerning organization of the hearing.
January 27, 2022	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
September 28, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 29, 2022	The Claimant files observations on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
November 5, 2022	The Respondent files a response to the Claimant’s observations of October 29, 2018.
November 8, 2022	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
November 9, 2022	The Claimant files further observations on the request to address the objections to jurisdiction as a preliminary question.
December 5, 2022 - December 9, 2022	The Tribunal holds a hearing on jurisdiction and the merits in London.
February 14, 2023	Each party files a post-hearing brief.
April 28, 2023	Each party files a statement of costs.