Case Details

Wise Solutions CDI, SA v. Republic of Côte d'Ivoire (ICSID Case No. ARB/17/48)

Subject of Dispute:

Waste management project
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Wise Solutions CDI, SA (Ivorian)
Respondent(s):

Republic of Côte d'Ivoire (Ivorian)
Date Registered:

December 29, 2017
Date of Constitution of Tribunal:

June 6, 2018

Composition of Tribunal

President:

Raed FATHALLAH (Canadian, French, Lebanese) - Appointed by the Parties
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Sohou Law, Detroit, MI, U.S.A.
SCPA Dadie-Sangaret & Associes, Abidjan, Côte d’Ivoire
Astuno Law, Denver, CO, U.S.A.
Respondent(s):

Agent Judiciaire du Trésor, Abidjan, Republic of Côte d’Ivoire
Ministère de l’Environnement et du Développement Durable, Abidjan, Republic of Côte d’Ivoire
Cleary Gottlieb Steen & Hamilton, Paris, France
Arent Fox, Washington, D.C., U.S.A.
SCP d’Avocats KlemetSawadogoKouadio, Abidjan, Côte d’Ivoire
Language(s) of Proceeding:

French
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 16, 2022 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
December 29, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
April 3, 2018	Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
April 3, 2018	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
June 6, 2018	Following appointment by the parties, Raëd Fathallah (Canadian/Lebanese) accepts his appointment as presiding arbitrator.
June 6, 2018	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Raëd Fathallah (Canadian/Lebanese), President, appointed by the agreement of the parties; Bernard Hanotiau (Belgian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
July 31, 2018	The Tribunal holds a first session by telephone conference.
August 29, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 4, 2018	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
November 12, 2018	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
December 21, 2018	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
September 3, 2019	The Claimant files a memorial on jurisdiction and the merits.
March 31, 2020	The Respondent files a counter-memorial on jurisdiction and the merits.
June 2, 2020	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
June 23, 2020	The Tribunal decides on production of documents.
August 26, 2020	The Claimant files a reply on jurisdiction and the merits.
December 16, 2020	The Respondent files a rejoinder on jurisdiction and the merits.
January 6, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
January 11, 2021	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
January 15, 2021	The Respondent files observations on the Claimant’s request of April 15, 2021.
January 19, 2021	The Tribunal issues Procedural Order No. 3 concerning the admissibility of new evidence.
April 15, 2021	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
April 19, 2021	The Respondent files observations on the Claimant’s request of April 15, 2021.
April 23, 2021	The Tribunal decides on the admissibility of new evidence.
June 17, 2021	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
June 21, 2021 - June 25, 2021	The Tribunal holds a hearing on jurisdiction and the merits.
October 20, 2021	Each party files a submission on costs.
December 16, 2022	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 16, 2022	The Tribunal renders its award.