Case Details

Togo Terminal v. Republic of Togo (ICSID Case No. ARB/18/16)

Subject of Dispute:

Container handling operations
Economic Sector:

Construction
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Togo Terminal (Togolese)
Respondent(s):

Republic of Togo (Togolese)
Date Registered:

May 14, 2018
Date of Constitution of Tribunal:

December 11, 2018

Composition of Tribunal

President:

Karim HAFEZ (Egyptian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Hervé ASCENSIO (French) - Appointed by the Claimant(s)
Xavier BOUCOBZA (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Karim HAFEZ (Egyptian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Yves DAUDET (French) - Appointed by the Claimant(s)
Xavier BOUCOBZA (French) - Appointed by the Respondent(s)
Reconstituted:

March 12, 2019: Hervé ASCENSIO (French) appointed following the resignation of Yves DAUDET (French)

Party Representatives

Claimant(s):

Gaillard Banifatemi Shelbaya Disputes, Paris, France
Respondent(s):

Hughes Hubbard & Reed, Paris, France
Language(s) of Proceeding:

French
Status of Proceeding:

Pending
Latest Development:

June 28, 2021 -
The Tribunal holds a case management conference with the Parties by video conference.

No References Available.

(a) Original Proceeding

Date	Development
May 14, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
July 30, 2018	Following appointment by the Respondent, Xavier Boucobza (French) accepts his appointment as arbitrator.
July 30, 2018	Following appointment by the Claimant, Yves Daudet (French) accepts his appointment as arbitrator.
September 7, 2018	The parties file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
December 11, 2018	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Karim Hafez (Egyptian) accepts his appointment as presiding arbitrator.
December 11, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Karim Hafez (Egyptian), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Yves Daudet (French), appointed by the Claimant; and Xavier Boucobza (French), appointed by the Respondent.
January 21, 2019	The Tribunal holds a first session by telephone conference.
January 23, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 18, 2019	Following the resignation of Yves Daudet (French), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
February 18, 2019	The Tribunal consents to the resignation of Yves Daudet pursuant to ICSID Arbitration Rule 8(2) and the parties are notified thereof.
March 12, 2019	Following the resignation of arbitrator Yves Daudet, Hervé Ascensio (French) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1).
March 12, 2019	The Tribunal is reconstituted. Its members are: Karim Hafez (Egyptian), President, appointed by the Chairman of the Administrative Council; Hervé Ascensio (French), appointed by Claimant in accordance with ICSID Arbitration Rule 11(1); and Xavier Boucobza (French), appointed by Respondent.. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
April 27, 2019	The Claimant files a memorial on the merits.
July 31, 2019	The respondent files a counter-memorial on the merits.
November 27, 2019	The Tribunal issues Procedural Order No. 2 concerning production of documents.
February 14, 2020	The Claimant files a reply on the merits.
May 29, 2020	The Respondent files a rejoinder on the merits.
July 31, 2020	The Claimant files a rejoinder on the counter-claim.
September 15, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 5, 2020	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
October 6, 2020	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
October 9, 2020	The Respondent files observations on the Claimant’s request of October 5, 2020.
October 14, 2020	The Claimant files a response to the Respondent’s observations of October 9, 2020.
October 15, 2020	The Respondent files further observations on the request of October 5, 2020.
October 22, 2020	The Tribunal decides on the admissibility of new evidence.
October 26, 2020 - October 30, 2020	The Tribunal holds a hearing on the merits by video conference.
June 28, 2021	The Tribunal holds a case management conference with the Parties by video conference.