Case Details

Petronor E&P Gambia Limited and APCL Gambia B.V. v. Republic of The Gambia (ICSID Case No. ARB/17/38)

Subject of Dispute:

Hydrocarbon concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Petronor E&P Gambia Limited (British), APCL Gambia B.V. (Dutch)
Respondent(s):

Republic of The Gambia (Gambian)
Date Registered:

October 17, 2017
Date of Constitution of Tribunal:

March 26, 2018

Composition of Tribunal

President:

Doug JONES (Australian, Irish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Franco FERRARI (Italian) - Appointed by the Claimant(s)
Yas BANIFATEMI (French, Iranian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Clyde & Co, London, U.K.
Respondent(s):

Omnia Strategy, London, U.K.
Edi M.O. Faal, Los Angeles, CA, U.S.A.
Lucas Bastin, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 27, 2020 - The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).

No References Available.

(a) Original Proceeding

Date	Development
October 17, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 31, 2018	Following appointment by the Claimants, Franco Ferrari (Italian) accepts his appointment as arbitrator.
March 2, 2018	Following appointment by the Respondent, Yas Banifatemi (Iranian/French) accepts her appointment as arbitrator.
March 24, 2018	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Doug Jones (Australian/Irish) accepts his appointment as presiding arbitrator.
March 26, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Doug Jones (Australian/Irish), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Franco Ferrari (Italian), appointed by the Claimants; and Yas Banifatemi (Iranian/French), appointed by the Respondent.
April 25, 2018	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41 (5).
June 7, 2018	The Tribunal issues Procedural Order No. 1 consolidating ICSID Cases African Petroleum Gambia Limited and APCL Gambia B.V. v. Republic of The Gambia (ICSID Cases No. ARB/17/38), African Petroleum Gambia Limited and APCL Gambia B.V. v. Republic of The Gambia (ICSID Cases No. ARB/17/39), and APCL Gambia B.V. v. Republic of The Gambia (ICSID Cases No. ARB/17/40).
June 27, 2018	The Tribunal holds a first session by telephone conference.
June 29, 2018	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
June 29, 2018	The Respondent files a further submission on its preliminary objections under ICSID Arbitration Rule 41 (5).
July 30, 2018	The Claimants file observations on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
August 9, 2018	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
August 23, 2018	The Respondent files a response to the Claimants’ observations of July 30, 2018.
September 14, 2018	The Claimants file further observations on the Respondent’s response of August 23, 2018.
November 19, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
November 30, 2018	The Tribunal holds a hearing on the Respondent’s preliminary objections under ICSID Arbitration Rule 41(5) in London.
December 31, 2018	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
February 28, 2019	The Claimants file a memorial on admissibility, jurisdiction and the merits.
July 12, 2019	The Respondent files a counter-memorial on admissibility, jurisdiction and the merits.
September 20, 2019	The Tribunal issues Procedural Order No. 4 concerning production of documents.
November 20, 2019	The Tribunal issues Procedural Order No. 5 concerning production of documents.
December 16, 2019	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
January 10, 2020	The Claimants file a reply on admissibility, jurisdiction and the merits.
March 24, 2020	The Respondent files a rejoinder on admissibility, jurisdiction and the merits.
March 24, 2020	The Respondent files a request for security for costs.
April 3, 2020	The Claimants file observations on the request for security for costs.
April 16, 2020	The Tribunal holds a hearing on security for costs by telephone conference.
May 20, 2020	The Tribunal issues Procedural Order No. 7 concerning the Respondent’s request for security for costs.
July 27, 2020	The Tribunal holds a case-management meeting by video conference.
July 28, 2020	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
August 5, 2020	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
September 2, 2020	The President of the Tribunal holds a case management conference by video conference.
September 3, 2020	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
September 23, 2020	The parties file the full and signed text of their settlement and request the Tribunal to embody their settlement in an award, pursuant to ICSID Arbitration Rule 43(2).
October 27, 2020	The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).