Case Details

Samsung Engineering Co., Ltd. v. Kingdom of Saudi Arabia (ICSID Case No. ARB/17/43)

Subject of Dispute:

Electric power generation project
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Saudi Arabia - Korea, Republic of 2002
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Samsung Engineering Co., Ltd. (Korean)
Respondent(s):

Kingdom of Saudi Arabia (Saudi Arabian)
Date Registered:

November 10, 2017
Date of Constitution of Tribunal:

March 14, 2018

Composition of Tribunal

President:

Eduardo ZULETA (Colombian) - Appointed by the Parties
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Jean Engelmayer KALICKI (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Baker Botts, London, U.K. and Dubai, United Arab Emirates
Addleshaw Goddard (Middle East), Dubai, United Arab Emirates
Respondent(s):

White & Case, New York, NY and Washington, D.C., U.S.A.
Law Firm of AlSalloum and AlToaimi, Riyadh, Kingdom of Saudi Arabia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 3, 2021 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
November 10, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 13, 2017	Following appointment by the Claimant, Stanimir A. Alexandrov (Bulgarian) accepts his appointment as arbitrator.
January 19, 2018	Following appointment by the Respondent, Jean Kalicki (U.S.) accepts her appointment as arbitrator.
March 14, 2018	Following appointment by agreement of the parties, Eduardo Zuleta (Colombian) accepts his appointment as presiding arbitrator.
March 14, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian) President, appointed by agreement of the parties; Stanimir A. Alexandrov (Bulgarian), appointed by the Claimant; and Jean Engelmayer Kalicki (U.S.), appointed by the Respondent.
March 15, 2018	The Respondent files a proposal for disqualification of arbitrator Stanimir A. Alexandrov. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
March 26, 2018	The Claimant files observations on the proposal for disqualification.
April 9, 2018	The Respondent files further observations on the proposal for disqualification.
April 28, 2018	The proposal for disqualification of arbitrator Stanimir A. Alexandrov is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
May 7, 2018	The Respondent files a proposal for the disqualification of the Claimant’s counsel.
May 14, 2018	The Claimant files observations on the proposal for disqualification.
May 17, 2018	The Respondent files a response to the Claimant’s observations of May 14, 2018.
May 22, 2018	The Claimant files further observations on the Respondent’s response of May 17, 2018.
June 14, 2018	The Tribunal holds a first session by telephone conference.
June 21, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 7, 2018	The Tribunal issues a decision on the Respondent’s proposal for the disqualification of the Claimant’s counsel.
October 29, 2018	The Claimant files a memorial on the merits.
May 17, 2019	The Respondent files a counter-memorial on the merits.
June 25, 2019	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
July 1, 2019	The Claimant files observations on the Respondent’s request of June 25, 2019.
July 3, 2019	The Respondent files a response to the Claimant’s observations of July 1, 2019.
July 8, 2019	The Tribunal issues Procedural Order No. 2 concerning the admissibility of new evidence.
August 1, 2019	The Tribunal issues Procedural Order No. 3 concerning production of documents.
September 24, 2019	The Tribunal issues Procedural Order No. 4 concerning the confidentiality of documents.
September 25, 2019	The Tribunal issues Procedural Order No. 5 concerning the production of documents.
September 27, 2019	Following exchanges between the Parties, the Respondent files a request for the Tribunal to decide on production of documents.
October 3, 2019	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
October 8, 2019	The Respondent files a response to the Claimant’s observations of October 3, 2019.
October 11, 2019	The Claimant files further observations on the Respondent’s request for the Tribunal to decide on production of documents.
November 7, 2019	The Tribunal issues Procedural Order No. 6 concerning production of documents.
December 6, 2019	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
April 20, 2020	The Tribunal issues Procedural Order No. 7 concerning production of documents.
April 27, 2020	The Respondent files a rejoinder on the merits.
May 15, 2020	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
June 16, 2020	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
June 30, 2020	The Claimant files observations on the Respondent’s rejoinder on the merits.
August 12, 2020	The President holds a pre-hearing organizational meeting with the parties by video conference.
September 6, 2020	The Tribunal issues Procedural Order No. 10 concerning organization of the hearing.
September 14, 2020 - September 26, 2020	The Tribunal holds a hearing on the merits by video conference.
October 22, 2020	The Tribunal poses questions to the parties.
November 25, 2020	Each party files a post-hearing brief.
January 15, 2021	Each party files a submission on costs.
November 15, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 3, 2021	The Tribunal renders its award.