Case Details

Kansanshi Mining Plc v. Republic of Zambia (ICSID Case No. ARB/20/17)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Kansanshi Mining Plc (Zambian)
Respondent(s):

Republic of Zambia (Zambian)
Date Registered:

June 4, 2020
Date of Constitution of Tribunal:

August 18, 2020

Composition of Tribunal

President:

Wendy J. MILES (New Zealand) - Appointed by the Parties
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Christopher Adebayo OJO (Nigerian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Steptoe & Johnson, Washington, D.C., U.S.A.
Paul Key, Lucas Bastin of Essex Court Chambers, London, U.K.
Respondent(s):

The Honorable Attorney General of Zambia, Ministry of Justice and Legal Affairs, Lusaka, Republic of Zambia
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 6, 2023 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Order Taking Note of the Discontinuance of the Proceeding (September 7, 2023) English (Original)

(a) Original Proceeding

Date	Development
June 4, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
June 26, 2020	Following appointment by the Respondent, Christopher Adebayo Ojo (Nigerian) accepts his appointment as arbitrator.
June 29, 2020	Following appointment by the Claimant, John Beechey (U.K.) accepts his appointment as arbitrator.
August 18, 2020	Following appointment by agreement of the parties, Wendy Miles (New Zealand) accepts her appointment as presiding arbitrator.
August 18, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Wendy Miles (New Zealand), President, appointed by agreement of the parties; John Beechey (British), appointed by the Claimant; and Christopher Adebayo Ojo (Nigerian), appointed by the Respondent.
September 23, 2020	The Tribunal holds a first session by video conference.
September 30, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 25, 2021	The Claimant files a memorial on the merits.
July 9, 2021	The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.
July 13, 2021	The Claimant files a request for provisional measures.
July 18, 2021	The Respondent files observations on the request for provisional measures.
July 20, 2021	The Claimant files a response to the Respondent’s observations of July 18, 2021.
July 21, 2021	The Respondent files further observations on the request for provisional measures.
August 12, 2021	The Tribunal issues Procedural Order No. 2 concerning provisional measures.
August 16, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
September 27, 2021	The Tribunal issues a decision on production of documents.
February 12, 2022	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
October 28, 2022	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
January 27, 2023	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 16(2)(b).
August 30, 2023	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
September 6, 2023	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).