Case Details

Winshear Gold Corp. v. United Republic of Tanzania (ICSID Case No. ARB/20/25)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Tanzania - Canada 2013
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Winshear Gold Corp. (Canadian)
Respondent(s):

United Republic of Tanzania (Tanzanian)
Date Registered:

July 27, 2020
Date of Constitution of Tribunal:

February 2, 2021

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by Co-Arbitrators
Arbitrators:

O. Thomas JOHNSON (U.S.) - Appointed by the Claimant(s)
Edward William Fashole LUKE II (Botswana) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Lalive, London, U.K.
Boies Schiller Flexner, London, U.K.
Respondent(s):

Office of the Hon. Solicitor General, Dar Es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

September 18, 2023 -
The proceeding is suspended pursuant to the parties’ agreement.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 4 - Annex A

Procedural Order No. 4 - Annex B

Procedural Order No. 5

Procedural Order No. 6

Available on the ICSID Website

Procedural Order No. 1 (March 17, 2021) English (Original)

Procedural Order No. 2 (April 14, 2021) English (Original)

Procedural Order No. 3 (November 19, 2021) English (Original)

Procedural Order No. 4 (March 14, 2022) English (Original)

Procedural Order No. 4 - Annex A (March 14, 2022) English (Original)

Procedural Order No. 4 - Annex B (March 14, 2022) English (Original)

Procedural Order No. 5 (January 12, 2023) English (Original)

Procedural Order No. 6 (February 22, 2023) English (Original)

(a) Original Proceeding

Date	Development
July 27, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
January 4, 2021	Following appointment by the Claimant, O. Thomas Johnson (U.S.) accepts his appointment as arbitrator.
January 8, 2021	Following appointment by the Respondent, Edward William Fashole Luke II (Botswanan) accepts his appointment as arbitrator.
February 2, 2021	Following appointment by her co-arbitrators, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
February 2, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by her co-arbitrators; O. Thomas Johnson (U.S.), appointed by Claimant; and Edward William Fashole Luke II (Botswanan), appointed by Respondent.
March 16, 2021	The Tribunal holds a first session by video conference.
March 17, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 14, 2021	The Tribunal issues Procedural Order No. 2 concerning confidentiality.
July 2, 2021	The Claimant files a memorial on the merits.
November 19, 2021	The Tribunal issues Procedural Order No. 3 concerning financial matters.
December 20, 2021	The Respondent files a counter-memorial on the merits.
February 21, 2022	Following exchanges between the parties, they each file a request for the Tribunal to decide on production of documents.
March 14, 2022	The Tribunal issues Procedural Order No. 4 concerning production of documents.
August 4, 2022	The Claimant files a reply on the merits.
December 12, 2022	The Respondent files a rejoinder on the merits.
January 12, 2023	The Tribunal issues Procedural Order No. 5 concerning the organization of the hearing.
February 13, 2023 - February 16, 2023	The Tribunal holds a hearing in Washington D.C.
February 22, 2023	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
May 3, 2023	Each party files a post-hearing brief.
May 3, 2023	Each party files a submission on costs.
May 17, 2023	The Claimant files a statement of costs.
September 18, 2023	The proceeding is suspended pursuant to the parties’ agreement.