Case Details

EcoDevelopment in Europe AB and EcoEnergy Africa AB v. United Republic of Tanzania (ICSID Case No. ARB/17/33)

Subject of Dispute:

Agribusiness project
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

BIT Sweden - Tanzania 1999
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

EcoDevelopment in Europe AB (Swedish), EcoEnergy Africa AB (Swedish)
Respondent(s):

United Republic of Tanzania (Tanzanian)
Date Registered:

September 11, 2017
Date of Constitution of Tribunal:

February 23, 2018

Composition of Tribunal

President:

Christopher GREENWOOD (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Olufunke ADEKOYA (British, Nigerian) - Appointed by the Chairman of the Administrative Council

Party Representatives

Claimant(s):

Mannheimer Swartling Advokatbyrå AB, Stocklom, Sweden
Prof. Dr. Kaj Hober, London, U.K.
Respondent(s):

Office of the Attorney General, Dar es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 13, 2022 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

June 21, 2022
Date of Constitution of ad hoc Committee:

July 18, 2022

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

President:

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

Carole MALINVAUD (French)
Githu MUIGAI (Kenyan)

Party Representatives

Claimant(s):

Mannheimer Swartling Advokatbyrå AB, Stocklom, Sweden
Respondent(s):

Office of the Attorney General, Dar es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

December 19, 2022 -
United Republic of Tanzania files a memorial on annulment.

No References Available.

(a) Original Proceeding

Date	Development
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
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	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	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	United Republic of Tanzania files a memorial on annulment.