Case Details
Bay View Group LLC and The Spalena Company LLC v. Republic of Rwanda (ICSID Case No. ARB/18/21)
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Mining concessions
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Oil, Gas & Mining
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BIT Rwanda - United States of America 2008
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ICSID Convention - Arbitration Rules
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Bay View Group LLC (U.S.), The Spalena Company LLC (U.S.)
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Republic of Rwanda (Rwandese)
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June 22, 2018
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October 3, 2018
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Nicholas PHILLIPS (British) - Appointed by the Parties
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J. Truman BIDWELL JR. (U.S.) - Appointed by the Claimant(s)
Barbara DOHMANN (British, German) - Appointed by the Respondent(s) -
Duane Morris, Boston, MA, U.S.A.
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Joseph Hage Aaronson, London, U.K.
Ministry of Justice of Rwanda -
English
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Concluded
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March 30, 2022 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Notice of Intent
Amended Notice of Arbitration
Procedural Order No. 1
Claimants' Memorial on the Merits
Respondent’s Counter-Memorial on the Merits
Respondent’s Memorial on Jurisdiction
Respondent’s Request for Bifurcation
Procedural Order No. 2
Claimants’ Counter-Memorial on Jurisdiction
Procedural Order No. 3
Procedural Order No. 4
Claimants’ Reply on the Merits
Respondent’s Reply on Jurisdiction and Rejoinder on the Merits
Procedural Order No. 5
Procedural Order No. 6
Submission of the United States of America
Procedural Order No. 7
Hearing Transcript, Day 1
Hearing Transcript, Day 2
Hearing Transcript, Day 3
Hearing Transcript, Day 4
Hearing Transcript, Day 5
Hearing Transcript, Day 6
Hearing Transcript, Day 7
Hearing Transcript, Day 8
Claimant’s Post-Hearing Brief
Respondent’s Post-Hearing Brief
Procedural Order No. 8
Hearing on Jurisdiction and the Merits - Day 1 (June 21, 2021)
Hearing on Jurisdiction and the Merits - Day 2 (June 22, 2021)
Hearing on Jurisdiction and the Merits - Day 3 (June 23, 2021)
Hearing on Jurisdiction and the Merits - Day 4 (June 24, 2021)
Hearing on Jurisdiction and the Merits - Day 5 (June 25, 2021)
Hearing on Jurisdiction and the Merits - Day 6 (June 28, 2021)
Hearing on Jurisdiction and the Merits - Day 7 (June 29, 2021)
Hearing on Jurisdiction and the Merits - Day 8 (June 30, 2021)
Award of the Tribunal
Available on the ICSID Website
Notice of Intent (April 12, 2017) English (Original)
Amended Notice of Arbitration (June 12, 2018) English (Original)
Procedural Order No. 1 (December 12, 2018) English (Original)
Claimants' Memorial on the Merits (March 1, 2019) English (Original)
Respondent’s Counter-Memorial on the Merits (May 24, 2019) English (Original)
Respondent’s Memorial on Jurisdiction (May 24, 2019) English (Original)
Respondent’s Request for Bifurcation (May 24, 2019) English (Original)
Procedural Order No. 2 (June 28, 2019) English (Original)
Claimants’ Counter-Memorial on Jurisdiction (August 16, 2019) English (Original)
Procedural Order No. 3 (August 28, 2019) English (Original)
Procedural Order No. 4 (December 20, 2019) English (Original)
Claimants’ Reply on the Merits (March 13, 2020) English (Original)
Respondent’s Reply on Jurisdiction and Rejoinder on the Merits (May 29, 2020) English (Original)
Procedural Order No. 5 (May 14, 2020) English (Original)
Procedural Order No. 6 (September 28, 2020) English (Original)
Submission of the United States of America (February 19, 2021) English (Original)
Procedural Order No. 7 (June 9, 2021) English (Original)
Hearing Transcript, Day 1 (June 21, 2021) English (Original)
Hearing Transcript, Day 2 (June 22, 2021) English (Original)
Hearing Transcript, Day 3 (June 23, 2021) English (Original)
Hearing Transcript, Day 4 (June 24, 2021) English (Original)
Hearing Transcript, Day 5 (June 25, 2021) English (Original)
Hearing Transcript, Day 6 (June 28, 2021) English (Original)
Hearing Transcript, Day 7 (June 29, 2021) English (Original)
Hearing Transcript, Day 8 (June 30, 2021) English (Original)
Claimant’s Post-Hearing Brief (August 13, 2021) English (Original)
Respondent’s Post-Hearing Brief (August 13, 2021) English (Original)
Procedural Order No. 8 (March 10, 2022) English (Original)
Award of the Tribunal (March 30, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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June 22, 2018 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
September 18, 2018 | Following appointment by the Respondent, Barbara Dohmann (British/German) accepts her appointment as arbitrator. |
September 25, 2018 | Following appointment by the parties, Nicholas Phillips (British), accepts his appointment as presiding arbitrator. |
October 2, 2018 | Following appointment by the Claimants, J. Truman Bidwell, Jr. (U.S.) accepts his appointment as arbitrator. |
October 3, 2018 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Nicholas Phillips (British), President, appointed by agreement of the parties; J. Truman Bidwell, Jr. (U.S.), appointed by the Claimants; and Barbara Dohmann (British/German), appointed by the Respondent. |
December 3, 2018 | The Tribunal holds a first session by telephone conference. |
December 12, 2018 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
March 1, 2019 | The Claimants file a memorial on the merits. |
May 24, 2019 | The Respondent files a counter-memorial on the merits, a memorial on jurisdiction and a request to address the objections to jurisdiction as a preliminary question. |
June 21, 2019 | The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question. |
June 28, 2019 | The Tribunal issues Procedural Order No.2 on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
August 17, 2019 | The Claimants file a counter-memorial on jurisdiction. |
August 28, 2019 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
August 29, 2019 | The Respondent withdraws its 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. |
October 11, 2019 | Each party files a request for the Tribunal to decide on production of documents. |
November 8, 2019 | Each party files observations on the other party’s request for the Tribunal to decide on production of documents. |
December 6, 2019 | Each party files a response to the other party’s observations of November 8, 2019. |
December 20, 2019 | The Tribunal issues Procedural Order No. 4 concerning production of documents. |
March 13, 2020 | The Claimants file a reply on the merits. |
March 24, 2020 | The Claimants file a request for the exclusion of evidence. |
April 14, 2020 | The Respondent files observations on the Claimants’ request for the exclusion of evidence. |
April 23, 2020 | The Claimants file a response to the Respondent’s observations of April 14, 2020. |
May 4, 2020 | The Respondent files further observations on the Claimants’ request for the exclusion of evidence. |
May 14, 2020 | The Tribunal issues Procedural Order No. 5 concerning the Claimants’ request for the exclusion of evidence. |
May 29, 2020 | The Respondent files a reply on jurisdiction and a rejoinder on the merits. |
August 19, 2020 | The Respondent files an application for security for costs. |
September 9, 2020 | The Claimants file observations on the Respondent’s application for security for costs. |
September 11, 2020 | The Respondent files a response to the Claimants’ observations of September 9, 2020. |
September 28, 2020 | The Tribunal issues Procedural Order No. 6 concerning the Respondent’s application for security for costs. |
February 19, 2021 | The United States of America files a written submission as a non-disputing State Party pursuant to BIT Article 28.2. |
May 9, 2021 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
June 4, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
June 9, 2021 | The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing. |
June 21, 2021 - June 30, 2021 | The Tribunal holds a hearing on jurisdiction and the merits by video conference. |
August 13, 2021 | Each Party files a post-hearing brief. |
September 10, 2021 | Each Party files a submission on costs. |
September 24, 2021 | Each party files a reply submission on costs. |
February 7, 2022 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
March 10, 2022 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
March 30, 2022 | The Tribunal renders its award. |