Case Details

CMC Muratori Cementisti CMC Di Ravenna SOC. Coop., CMC MuratoriCementisti CMC Di Ravenna SOC. Coop. A.R.L. Maputo Branch and CMC Africa Austral, LDA v. Republic of Mozambique (ICSID Case No. ARB/17/23)

Subject of Dispute:

Highway construction project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Italy - Mozambique 1998
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

CMC MuratoriCementisti CMC Di Ravenna SOC. Coop. A.R.L. Maputo Branch (Mozambican), CMC Muratori Cementisti CMC Di Ravenna SOC. Coop. (Italian), CMC Africa Austral, LDA (Mozambican)
Respondent(s):

Republic of Mozambique (Mozambican)
Date Registered:

July 14, 2017
Date of Constitution of Tribunal:

October 4, 2017

Composition of Tribunal

President:

John M. TOWNSEND (U.S.) - Appointed by Co-Arbitrators
Arbitrators:

Peter REES (British) - Appointed by the Claimant(s)
J. Brian CASEY (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Paolo Porcelli, Johannesburg, South Africa
Luis Gonzalez Garcia, London, UK
LDR Construction Consultants, Dublin, Ireland
Respondent(s):

Dorsey & Whitney, Costa Mesa, California, U.S.A.
MACT, Maputo, Mozambique
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 24, 2019 - The Tribunal renders its award.

(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

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (December 8, 2017) English (Original)

Procedural Order No. 2 (May 22, 2018) English (Original)

Procedural Order No. 3 (August 15, 2018) English (Original)

Procedural Order No. 4 (December 19, 2018) English (Original)

Procedural Order No. 5 (February 15, 2019) English (Original)

Procedural Order No. 6 (April 12, 2019) English (Original)

Procedural Order No. 7 (April 18, 2019) English (Original)

Award of the Tribunal (October 24, 2019) English (Original)

(a) Original Proceeding

Date	Development
July 14, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
September 1, 2017	Following appointment by the Claimants, Peter Rees (British) accepts his appointment as arbitrator.
September 7, 2017	Following appointment by the Respondent, J. Brian Casey (Canadian) accepts his appointment as arbitrator.
October 4, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: John M. Townsend (U.S.), President, appointed by his co-arbitrators with consultation with the parties; Peter Rees (British), appointed by the Claimants; and J. Brian Casey (Canadian), appointed by the Respondent.
October 4, 2017	Following appointment by his co-arbitrators with consultation with the parties, John M. Townsend (U.S.) accepts his appointment as presiding arbitrator.
November 29, 2017	The Tribunal holds a first session by telephone conference.
December 8, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 19, 2018	The Claimants file a memorial on the merits.
May 22, 2018	The Tribunal issues Procedural Order No. 2 concerning production of documents.
July 20, 2018	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
July 20, 2018	The Respondent files objections to jurisdiction.
August 3, 2018	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
August 10, 2018	The Tribunal holds a hearing on bifurcation in Washington D.C.
August 15, 2018	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
November 2, 2018	The Respondent files a counter-memorial on the merits.
December 19, 2018	The Tribunal issues Procedural Order No. 4 concerning the production of documents.
February 4, 2019	The Claimants’ file a reply on the merits and a counter-memorial on jurisdiction.
February 8, 2019	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
February 15, 2019	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
April 1, 2019	The Respondent files a reply on jurisdiction and rejoinder on the merits.
April 11, 2019	The Tribunal holds a second pre-hearing organizational meeting with the parties by telephone conference.
April 12, 2019	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
April 18, 2019	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
April 29, 2019 - May 1, 2019	The Tribunal holds a hearing on jurisdiction and the merits in Washington D.C.
May 29, 2019	Each party files a submission on costs.
September 24, 2019	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
October 24, 2019	The Tribunal renders its award.