Case Details

KLS Energy Lanka Sdn. Bhd. and KLS Energy Lanka (Private) Ltd v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/18/39)

Subject of Dispute:

Renewable energy generation enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Malaysia - Sri Lanka 1982
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

KLS Energy Lanka Sdn. Bhd. (Malaysian), KLS Energy Lanka (Private) Ltd (Malaysian)
Respondent(s):

Democratic Socialist Republic of Sri Lanka (Sri Lankan)
Date Registered:

October 24, 2018
Date of Constitution of Tribunal:

April 15, 2019

Composition of Tribunal

President:

Domitille BAIZEAU (French, New Zealand) - Appointed by the Parties
Arbitrators:

Joe SMOUHA (British) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

KLS Energy Lanka Sdn. Bhd.
Shearman & Sterling, London, U.K.
Christopher Harris, London, U.K.
Mark Wassouf, London, U.K.
Cameron Miles, London, U.K.
Miriam Schmelzer, London, U.K.
Sanjeeva Jayawardena, Colombo, Sri Lanka
Pulasthi Rupasinha, Colombo, Sri Lanka
Milhan Mohamed, Colombo, Sri Lanka
Paul Hastings, London, U.K.
Respondent(s):

Ministry of Power & Renewable Energy, Democratic Socialist Republic of Sri Lanka
Attorney General's Department, Democratic Socialist Republic of Sri Lanka
Toby Landau, London, U.K.
Sean Aughey, London, U.K.
Matthieu Gregoire, London, U.K.
James Collins, London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 12, 2024 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
October 24, 2018	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 22, 2019	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
January 29, 2019	Following appointment by the Claimant, Joe Smouha (British) accepts his appointment as arbitrator.
April 15, 2019	Following appointment by agreement of the parties, Domitille Baizeau (French/New Zealand) accepts her appointment as presiding arbitrator.
April 15, 2019	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Domitille Baizeau (French/New Zealand), President, appointed by agreement of the parties; Joe Smouha (British), appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent.
October 2, 2019	The Tribunal holds a first session by telephone conference.
October 29, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 20, 2019	The Claimants file a memorial on the merits.
February 13, 2020	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
June 19, 2020	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
September 2, 2020	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
October 28, 2020	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
October 30, 2020	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
November 16, 2020	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
November 18, 2020	The Tribunal issues Procedural Order No. 6 concerning production of documents.
March 3, 2021	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
April 1, 2021	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.
July 1, 2021	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
August 5, 2021	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
August 30, 2021	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
September 15, 2021	The Claimants file a rejoinder on jurisdiction.
September 20, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
September 22, 2021	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
October 3, 2021 - October 8, 2021	The Tribunal holds a hearing on jurisdiction and the merits by video conference.
October 18, 2021	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
November 15, 2021	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
December 21, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
December 23, 2021	The Tribunal issues Procedural Order No. 13 concerning procedural matters.
January 10, 2022	The Tribunal issues Procedural Order No. 14 concerning procedural matters.
January 14, 2022	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
January 17, 2022 - January 21, 2022	The Tribunal holds a continuation of the hearing on jurisdiction and the merits by video conference.
January 24, 2022	The Tribunal issues Procedural Order No. 15 concerning procedural matters.
March 11, 2022	Each Party files a post-hearing brief.
March 29, 2022	The Respondent files a reply post-hearing brief.
March 31, 2022	The Claimants file a reply post-hearing brief.
August 25, 2023	The Claimants file a submission on costs.
September 8, 2023	The Respondent files a submission on costs.
September 22, 2023	The Claimants file observations on the Respondent’s submission on costs.
September 25, 2023	The Respondent files observations on the Claimants’ submission on costs.
January 12, 2024	The Tribunal renders its award.