Case Details

The Carlyle Group L.P. and others v. Kingdom of Morocco (ICSID Case No. ARB/18/29)

Subject of Dispute:

Oil storage and trade enterprise
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

FTA United States – Morocco
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

The Carlyle Group L.P. (U.S.), Carlyle Investment Management L.L.C. (U.S.), Carlyle Commodity Management L.L.C. (U.S.), TC Group LLC (U.S.), TC Group Investment Holdings LP (U.S.), Celadon Commodities Fund LP (U.S.), Celadon Partners LLC (U.S.)
Respondent(s):

Kingdom of Morocco (Moroccan)
Date Registered:

August 22, 2018
Date of Constitution of Tribunal:

February 21, 2019

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Samuel WORDSWORTH (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Weil, Gotshal & Manges, New York, NY, U.S.A.
Respondent(s):

Christopher Harris, 3 Verulam Buildings, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 14, 2022 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Notice of Intent to Arbitrate

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 1 – Annex B

Respondent’s Request for Bifurcation

Procedural Order No. 2

Procedural Order No. 3

Claimants’ Observations on the Respondent’s Request for Bifurcation (Redacted)

Procedural Order No. 4

Procedural Order No. 5

Claimants’ Response to the Submission of the United States of America under Article 10.19.2

Procedural Order No. 6

Claimants’ Memorial (Redacted)

Counter-Memorial on Jurisdiction (Redacted)

Reply on Jurisdiction (Redacted)

Rejoinder on Jurisdiction (Redacted)

Hearing on Jurisdiction - Day 1 (January 13, 2021)

Hearing on Jurisdiction - Day 2 (January 14, 2021)

Hearing on Jurisdiction - Day 3 (January 15, 2021)

Hearing on Jurisdiction - Transcript Day 1 (English;)

Hearing on Jurisdiction - Transcript Day 2 (English;)

Hearing on Jurisdiction - Transcript Day 3 (English;)

Available on the ICSID Website

Notice of Intent to Arbitrate (January 30, 2018) English (Original)

Request for Arbitration (July 31, 2018) English (Original)

Procedural Order No. 1 (July 1, 2019) English (Original)

Procedural Order No. 1 – Annex B (July 1, 2019) English (Original)

Respondent’s Request for Bifurcation (October 11, 2019) English (Original)

Procedural Order No. 2 (November 1, 2019) English (Original)

Procedural Order No. 3 (November 13, 2019) English (Original)

Claimants’ Observations on the Respondent’s Request for Bifurcation (Redacted) (November 20, 2019) English (Original)

Procedural Order No. 4 (January 20, 2020) English (Original)

Procedural Order No. 5 (December 3, 2020) English (Original)

Claimants’ Response to the Submission of the United States of America under Article 10.19.2 (December 22, 2020) English (Original)

Procedural Order No. 6 (January 6, 2021) English (Original)

Claimants’ Memorial (Redacted) (July 31, 2019) English (Original)

Counter-Memorial on Jurisdiction (Redacted) (June 22, 2020) English (Original)

Reply on Jurisdiction (Redacted) (September 7, 2020) English (Original)

Rejoinder on Jurisdiction (Redacted) (November 16, 2020) English (Original)

(a) Original Proceeding

Date	Development
August 22, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
October 31, 2018	Following appointment by the Claimants, Horacio A. Grigera Naón (Argentine) accepts his appointment as arbitrator.
December 11, 2018	Following appointment by the Respondent, Samuel Wordsworth (British) accepts his appointment as arbitrator.
February 21, 2019	Following appointment by agreement of the parties, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
February 21, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by agreement of the parties; Horacio Grigera Naón (Argentine), appointed by the Claimants; and Samuel Wordsworth (British), appointed by the Respondent.
April 2, 2019	The Tribunal holds a first session by telephone conference.
July 1, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 31, 2019	The Claimants file a memorial on the merits.
October 11, 2019	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
November 1, 2019	The Tribunal issues Procedural Order No. 2 concerning non-disputing party submissions.
November 13, 2019	The Tribunal issues Procedural Order No. 3 concerning production of documents.
November 20, 2019	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
January 20, 2020	The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
April 14, 2020	The Respondent files a memorial on jurisdiction.
June 22, 2020	The Claimants file a counter-memorial on jurisdiction.
September 7, 2020	The Respondent files a reply on jurisdiction.
November 16, 2020	The Claimants file a rejoinder on jurisdiction.
December 3, 2020	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
December 4, 2020	The United States file a written submission as a non-disputing State Party pursuant to Article 10.19.2 of the Free Trade Agreement between the United States and the Kingdom of Morocco.
January 6, 2021	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
January 13, 2021 - January 15, 2021	The Tribunal holds a hearing on jurisdiction by video conference.
March 4, 2021	The Tribunal poses questions to the parties.
April 1, 2021	Each party files answers to the questions posed by the Tribunal on March 4, 2021.
February 3, 2022	The proceeding is suspended pursuant to the parties’ agreement.
September 7, 2022 - September 8, 2022	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
September 14, 2022	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).