Case Details

West African Aquaculture Ltd, Kurt Lennart Hansson and Martje Bolt Hansson v. Republic of The Gambia (ICSID Case No. ARB/18/10)

Subject of Dispute:

Farming enterprise
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

Investment Law - Gambia, The (2015)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

West African Aquaculture Ltd (Gambian), Kurt Lennart Hansson (Swedish), Martje Bolt Hansson (Australian)
Respondent(s):

Republic of The Gambia (Gambian)
Date Registered:

March 28, 2018
Date of Constitution of Tribunal:

August 11, 2020

Composition of Tribunal

President:

Céline LÉVESQUE (Canadian) - Appointed by the Parties
Arbitrators:

Melanie VAN LEEUWEN (Dutch) - Appointed by the Claimant(s)
Pierre MAYER (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Steptoe International (UK), London, U.K.
Steptoe, Washington, D.C., U.S.A.
Respondent(s):

Attorney General and Minister of Justice, Republic of The Gambia
Mayer Brown, Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 25, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Pierre Mayer.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 24, 2024
Date of Constitution of ad hoc Committee:

September 18, 2024

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

President:

Veijo HEISKANEN (Finnish)
Members:

Githu MUIGAI (Kenyan)
Erica STEIN (Belgian, U.S.)

Party Representatives

Claimant(s):

Steptoe & Johnson, London, U.K. and Washington, D.C., U.S.A
Respondent(s):

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

English
Status of Proceeding:

Pending
Latest Development:

January 7, 2025 - The ad hoc Committee issues Procedural Order No. 2 concerning the request for leave to submit a legal expert report on Gambian law.

No References Available.

(a) Original Proceeding

Date	Development
March 28, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
March 26, 2020	Following appointment by the Claimants, Mélanie van Leeuwen (Dutch) accepts her appointment as arbitrator.
April 17, 2020	Following appointment by the Respondent, Pierre Mayer (French) accepts his appointment as arbitrator.
August 10, 2020	Following appointment by the parties, Céline Lévesque (Canadian) accepts her appointment as presiding arbitrator.
August 11, 2020	The Tribunal is constituted in accordance with Article 37(2)(b). Its members are: Céline Lévesque (Canadian), President, appointed by the parties; Mélanie van Leeuwen (Dutch), appointed by the Claimants; and Pierre Mayer (French), appointed by the Respondent.
September 29, 2020	The Tribunal holds a first session by video conference.
October 13, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 22, 2020	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
December 10, 2020	The Tribunal issues procedural order No. 3 concerning production of documents.
March 10, 2021	The Claimants file a memorial on the merits and jurisdiction.
May 14, 2021	The Tribunal issues Procedural Order No. 4 concerning production of documents.
June 1, 2021	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
July 1, 2021	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
July 15, 2021	The Respondent files further observations on the request to address the objections to jurisdiction as a preliminary question.
July 29, 2021	The Claimants file further observations on the request to address the objections to jurisdiction as a preliminary question.
August 19, 2021	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
August 27, 2021	The Tribunal issues Procedural Order No. 5 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
October 6, 2021	The Respondent files a request for reconsideration of the Tribunal’s decision of August 27, 2021.
October 22, 2021	The Claimants file observations on the Respondent’s request of October 6, 2021.
November 6, 2021	The Tribunal issues Procedural Order No. 6 concerning the Respondent’s request for reconsideration of the Tribunal’s decision of August 27, 2021.
December 17, 2021	The Respondent files a counter-memorial on the merits and jurisdiction.
March 24, 2022	The Claimants file a reply on the merits and jurisdiction.
April 26, 2022	The Tribunal issues Procedural Order No. 7 concerning document production.
May 24, 2022	The Claimants file a request for the Tribunal to decide on the place of the hearing.
May 30, 2022	The Respondent files observations on the Claimants’ request of May 24, 2022.
June 3, 2022	The Claimants file a response to the Respondent’s observations of May 30, 2022.
June 7, 2022	The Respondent files further observations on the Claimant’s response of June 3, 2022.
June 17, 2022	The Tribunal issues Procedural Order No. 8 concerning the place of the hearing.
June 22, 2022	The Respondent files a rejoinder on the merits and jurisdiction.
September 22, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by videoconference.
October 5, 2022	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
October 23, 2022 - October 27, 2022	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
November 25, 2022	The Tribunal holds a hearing on the parties’ concluding observations by video conference.
January 31, 2023	Each party files a submission on costs.
March 13, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 25, 2024	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Pierre Mayer.

(b) Annulment Proceeding

Date	Development
July 24, 2024	The Acting Secretary-General registers an application for annulment of the award filed by the Republic of the Gambia.
September 18, 2024	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Veijo Heiskanen (Finnish), Githu Muigai (Kenyan) and Erica Stein (Belgian/U.S.), all members appointed by the Chairman of the Administrative Council.
November 15, 2024	The ad hoc Committee holds a first session by video conference.
November 20, 2024	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
January 7, 2025	The ad hoc Committee issues Procedural Order No. 2 concerning the request for leave to submit a legal expert report on Gambian law.