Case Details
EcoDevelopment in Europe AB and EcoEnergy Africa AB v. United Republic of Tanzania (ICSID Case No. ARB/17/33)
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Agribusiness project
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Agriculture, Fishing & Forestry
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BIT Sweden - Tanzania 1999
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ICSID Convention - Arbitration Rules
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EcoDevelopment in Europe AB (Swedish), EcoEnergy Africa AB (Swedish)
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United Republic of Tanzania (Tanzanian)
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September 11, 2017
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February 23, 2018
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Christopher GREENWOOD (British) - Appointed by the Chairman of the Administrative Council
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Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Olufunke ADEKOYA (British, Nigerian) - Appointed by the Chairman of the Administrative Council -
Mannheimer Swartling Advokatbyrå AB, Stocklom, Sweden
Prof. Dr. Kaj Hober, London, U.K. -
Office of the Attorney General, Dar es Salaam, Tanzania
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English
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Concluded
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April 13, 2022 - The Tribunal renders its award.
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Respondent(s)
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June 21, 2022
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July 18, 2022
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Michael D. NOLAN (U.S.)
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Mannheimer Swartling Advokatbyrå AB, Stocklom, Sweden
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Office of the Attorney General, Dar es Salaam, Tanzania
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English
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Concluded
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May 16, 2023 - The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).
(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
Award (Excerpts)
Available on the ICSID Website
Award (Excerpts) (April 13, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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September 11, 2017 | The Secretary-General registers a request for the institution of arbitration proceedings. |
November 21, 2017 | Following appointment by the Claimants, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator. |
December 19, 2017 | The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention. |
January 18, 2018 | Following appointment by the Chairman of the Administrative Council, Funke Adekoya, SAN (Nigerian/British) accepts her appointment as arbitrator. |
February 23, 2018 | Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Christopher Greenwood (British) accepts his appointment as presiding arbitrator. |
February 23, 2018 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Christopher Greenwood (British), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Stanimir Alexandrov (Bulgarian), appointed by the Claimants; and Funke Adekoya, SAN (Nigerian/British), appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention. |
April 23, 2018 | The Tribunal holds a first session by telephone. |
April 24, 2018 | The Tribunal issues Procedural Order No. 1. |
November 7, 2018 | The Claimants file a memorial on the merits. |
December 18, 2018 | The Tribunal issues Procedural Order No. 2 taking note of the discontinuance with respect to Agro EcoEnergy Tanzania Limited and Bagamoyo EcoEnergy Limited. |
May 27, 2019 | The Respondent files a counter-memorial on the merits. |
August 21, 2019 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
November 29, 2019 | The Claimants file a reply on the merits. |
January 6, 2020 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
April 22, 2020 | The Tribunal decides on procedural matters. |
June 8, 2020 | The Respondent files a request for reconsideration of the Tribunal’s Procedural Order No. 4. |
June 10, 2020 | The Claimants file observations on the Respondent’s request of June 8, 2020. |
June 11, 2020 | The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request of June 8, 2020. |
June 12, 2020 | The Tribunal issues a decision concerning procedural matters. |
June 18, 2020 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
June 18, 2020 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
May 29, 2020 | The Respondent files a rejoinder on the merits. |
July 27, 2020 - July 31, 2020 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
September 11, 2020 | Each party files a statement of costs. |
September 18, 2020 | The Claimants file a request for the Tribunal to decide on the admissibility of new evidence. |
September 25, 2020 | The Respondent files observations on the Claimants’ request of September 18, 2020. |
October 28, 2020 | The Tribunal decides on the admissibility of new evidence. |
March 18, 2022 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
April 13, 2022 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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June 21, 2022 | The Secretary-General registers an application for annulment of the award filed by United Republic of Tanzania and notifies the parties of the provisional stay of enforcement of the award. |
July 18, 2022 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Michael Nolan (U.S.), President; Carole Malinvaud (French); and Githu Muigai (Kenyan); all members appointed by the Chairman of the Administrative Council. |
July 21, 2022 | The United Republic of Tanzania files a request to continue the stay of enforcement of the award. |
August 12, 2022 | EcoDevelopment in Europe AB and EcoEnergy Africa AB file observations on the United Republic of Tanzania’s request to continue the stay of enforcement of the award. |
August 16, 2022 | Ecodevelopment in Europe AB and EcoEnergy Africa AB files preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
August 19, 2022 | The United Republic of Tanzania files a response to Ecodevelopment in Europe AB and EcoEnergy Africa AB’s observations of August 12, 2022. |
August 26, 2022 | Ecodevelopment in Europe AB and EcoEnergy Africa AB files a rejoinder on the United Republic of Tanzania’s request to continue the stay of enforcement of the award. |
September 6, 2022 | The ad hoc Committee holds a first session by video conference. |
September 8, 2022 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
September 15, 2022 | The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award. |
September 19, 2022 | The United Republic of Tanzania files observations on Ecodevelopment in Europe AB and EcoEnergy Africa AB’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
September 29, 2022 | Ecodevelopment in Europe AB and EcoEnergy Africa AB files observations on their preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
October 10, 2022 | The United Republic of Tanzania files a rejoinder on Ecodevelopment in Europe AB and EcoEnergy Africa AB’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
November 1, 2022 | The ad hoc Committee issues a decision on Ecodevelopment in Europe AB and EcoEnergy Africa AB’s preliminary objections pursuant to ICSID Arbitration Rule 41(5). |
December 19, 2022 | The United Republic of Tanzania files a memorial on annulment. |
February 24, 2023 | EcoDevelopment in Europe AB and EcoEnergy Africa AB file a counter-memorial on annulment. |
March 24, 2023 | The United Republic of Tanzania files a reply on annulment. |
April 21, 2023 | EcoDevelopment in Europe AB and EcoEnergy Africa AB file a rejoinder on annulment. |
May 16, 2023 | The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1). |