Case Details

Axiata Investments (UK) Limited and Ncell Private Limited v. Nepal (ICSID Case No. ARB/19/15)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT United Kingdom of Great Britain and Northern Ireland - Nepal 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Ncell Private Limited (Nepalese), Axiata Investments (UK) Limited (British)
Respondent(s):

Nepal (Nepalese)
Date Registered:

May 20, 2019
Date of Constitution of Tribunal:

October 18, 2019

Composition of Tribunal

President:

Joongi KIM (Korean) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Albert Jan VAN DEN BERG (Dutch) - Appointed by the Claimant(s)
Paul FRIEDLAND (U.S.) - Appointed by the Chairman of the Administrative Council

Party Representatives

Claimant(s):

Herbert Smith Freehills, London, Hong Kong
Alison Macdonald, London, U.K.
Respondent(s):

Ministry of Law, Justice and Parliamentary Affairs, Kathmandu, Nepal
Surya P. Subedi, London, U.K.
Foley Hoag, Washington, D.C., U.S.A.
Chhetry & Associates, New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 9, 2023 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
May 20, 2019	The Secretary-General registers a request for the institution of arbitration proceedings.
July 23, 2019	Following appointment by the Claimants, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
August 20, 2019	The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
September 24, 2019	Following appointment by the Chairman of the Administrative Council, Paul Friedland (U.S.) accepts his appointment as arbitrator.
October 18, 2019	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Joongi Kim (Korean) accepts his appointment as presiding arbitrator.
October 18, 2019	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Joongi Kim (Korean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Albert Jan van den Berg (Dutch), appointed by the Claimants; and Paul Friedland (U.S.), appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention.
November 26, 2019	The Tribunal holds a first session by telephone conference.
December 9, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 10, 2019	The Claimants file a request for provisional measures.
December 16, 2019	The Tribunal holds a hearing on provisional measures by telephone conference.
December 18, 2019	The Tribunal issues a decision on provisional measures.
January 27, 2020	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
May 12, 2020	The Claimants file a memorial on the merits.
July 3, 2020	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents.
October 15, 2020	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
December 11, 2020	The Claimants file a request for provisional measures.
January 13, 2021	The Claimants withdraw their request for provisional measures.
January 14, 2021	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
January 26, 2021	The Respondent files a counter-memorial on the merits.
March 19, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
March 26, 2021	The Tribunal decides on production of documents.
May 14, 2021	The Claimants file a reply on the merits.
June 13, 2021	The Respondent files a request for the exclusion of evidence.
June 13, 2021	The Respondent files a request for the exclusion of evidence.
June 18, 2021	The Claimants file observations on the Respondent’s request of June 13, 2021.
June 18, 2021	The Claimants file observations on the Respondent’s request of June 13, 2021.
June 25, 2021	The Respondent files a response to the Claimants’ observations of June 18, 2021.
June 25, 2021	The Respondent files a response to the Claimants’ observations of June 18, 2021.
June 30, 2021	The Claimants file further observations on the Respondent’s response of June 25, 2021.
July 1, 2021	The Claimants file further observations on the Respondent’s response of June 25, 2021.
July 5, 2021	The Respondent files a rejoinder on the merits.
August 2, 2021	The Tribunal holds a case management meeting by video conference.
August 9, 2021	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
September 7, 2021	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
October 4, 2021	The Tribunal issues a decision on the exclusion of evidence.
October 19, 2021	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
November 27, 2021	The Tribunal holds a case management meeting by video conference.
December 3, 2021	The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing.
February 18, 2022	The Tribunal issues Procedural Order No. 10 concerning the organization of the hearing.
March 22, 2022	The Tribunal issues Procedural Order No. 11 concerning the organization of the hearing.
April 11, 2022 - April 21, 2022	The Tribunal holds a hearing on the merits in The Hague.
July 19, 2022	Each party files a statement of costs.
March 21, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 9, 2023	The Tribunal renders its award.