Case Details

DP World Limited v. Kingdom of Belgium (ICSID Case No. ARB/17/21)

Subject of Dispute:

Port concession agreement
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT United Arab Emirates - Belgium-Luxembourg 2004
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

DP World Limited (Emiri)
Respondent(s):

Kingdom of Belgium (Belgian)
Date Registered:

June 29, 2017
Date of Constitution of Tribunal:

September 19, 2017

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by Co-Arbitrators
Arbitrators:

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

Initial Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by Co-Arbitrators
Arbitrators:

David A.R. WILLIAMS (New Zealand) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)
Reconstituted:

December 4, 2017: Stanimir A. ALEXANDROV (Bulgarian) appointed following the resignation of David A.R. WILLIAMS (New Zealand)

Party Representatives

Claimant(s):

Quinn Emanuel Urquhart & Sullivan UK, London, U.K.
Liedekerke Wolters Waelbroeck Kirkpatrick, Brussels, Belgium
Respondent(s):

Taylor Wessing, London, U.K.
Stibbe, Brussels, Belgium
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 15, 2024 -
The Tribunal renders its award; attached are the dissenting opinion of Stanimir Alexandrov and the declaration of Brigitte Stern.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

June 21, 2024
Date of Constitution of ad hoc Committee:

August 15, 2024

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Michael D. NOLAN (U.S.)
Members:

Michele POTESTÀ (Italian)
Judith LEVINE (Australian, Irish)

Party Representatives

Claimant(s):

Quinn Emanuel Urquhart & Sullivan UK, London, U.K.
Liedekerke Wolters Waelbroeck Kirkpatrick, Brussels, Belgium
Respondent(s):

Taylor Wessing, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

August 28, 2024 - The proceeding is suspended until October 31, 2024, pursuant to the parties’ agreement.

No References Available.

(a) Original Proceeding

Date	Development
June 29, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 10, 2017	Following appointment by the Claimant, David A.R. Williams (New Zealand) accepts his appointment as arbitrator.
July 31, 2017	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
September 19, 2017	Following appointment by his co-arbitrators in consultation with the parties, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
September 19, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by his co-arbitrators in consultation with the parties; David A.R. Williams (New Zealand), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
November 16, 2017	The Tribunal holds a first session by telephone conference.
November 23, 2017	Following the resignation of arbitrator David A.R. Williams, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
December 4, 2017	The Tribunal is reconstituted. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by his co-arbitrators in consultation with the parties; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Brigitte Stern (French) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
January 12, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 1, 2018	The Claimant files a memorial on jurisdiction and liability.
March 22, 2018	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 6, 2018	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
April 20, 2018	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
September 20, 2018	The Respondent files a counter-memorial on jurisdiction and liability.
October 2, 2018	The Tribunal issues Procedural Order No. 3 concerning production of documents.
December 7, 2018	The Tribunal issues Procedural Order No. 4 concerning production of documents.
January 17, 2019	The Tribunal issues Procedural Order No. 5 concerning production of documents.
February 15, 2019	The Claimant files a reply on jurisdiction and liability.
March 8, 2019	The Tribunal issues Procedural Order No. 6 concerning production of documents.
May 15, 2019	The Respondent files a rejoinder on jurisdiction and liability.
May 30, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
May 30, 2019	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 4, 2019	The Respondent files observations on the Claimant’s request of May 30, 2019.
June 6, 2019	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
June 6, 2019	The Tribunal issues Procedural Order No. 8 concerning the admissibility of new evidence.
June 10, 2019 - June 14, 2019	The Tribunal holds a hearing on jurisdiction and liability in London.
October 4, 2019	Each party files a post-hearing brief.
October 25, 2019	Each party files a statement of costs.
November 18, 2019	The Respondent files observations on the Claimant’s statement of costs.
November 22, 2019	The Claimant files a response to the Respondent’s observations of November 18, 2019.
April 10, 2021	The Tribunal issues a decision on jurisdiction and liability; attached are the partial dissenting opinion of Stanimir Alexandrov and the partial dissenting opinion of Brigitte Stern.
June 10, 2021	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
September 20, 2021	The Claimant files a memorial on quantum.
March 21, 2022	The Respondent files a counter-memorial on quantum.
June 10, 2022	The Tribunal issues Procedural Order No. 10 concerning production of documents.
August 29, 2022	The Claimant files a reply on quantum.
December 1, 2022	The Respondent files a rejoinder on quantum.
February 3, 2023	The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing.
February 21, 2023	The Tribunal issues Procedural Order No. 12 on the admission of new evidence.
February 28, 2023 - March 2, 2023	The Tribunal holds a hearing on quantum in London.
March 8, 2023	The Tribunal issues Procedural Order No. 13 concerning procedural matters.
May 24, 2023	The Tribunal issues Procedural Order No. 14 concerning procedural matters.
June 7, 2023	Each party files a post-hearing brief.
June 21, 2023	Each party files a submission on costs.
February 15, 2024	The Tribunal renders its award; attached are the dissenting opinion of Stanimir Alexandrov and the declaration of Brigitte Stern.
February 15, 2024	The Tribunal renders its award; attached are the dissenting opinion of Stanimir Alexandrov and the declaration of Brigitte Stern.

(b) Annulment Proceeding

Date	Development
June 21, 2024	The Acting Secretary-General registers an application for annulment of the award filed by the Kingdom of Belgium and notifies the parties of the provisional stay of enforcement of the award.
August 15, 2024	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Michael Nolan (U.S.), President; Michele Potestà (Italian); and Judith Levine (Australian/Irish); all members appointed by the Chairman of the Administrative Council.
August 28, 2024	The proceeding is suspended until October 31, 2024, pursuant to the parties’ agreement.