Case Details

Barrick (PD) Australia Pty Limited v. Independent State of Papua New Guinea (ICSID Case No. ARB/20/27)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Papua New Guinea - Australia 1990
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Barrick (PD) Australia Pty Limited (Australian)
Respondent(s):

Independent State of Papua New Guinea (Papua New Guinean)
Date Registered:

August 11, 2020
Date of Constitution of Tribunal:

March 22, 2021

Composition of Tribunal

President:

Alexis MOURRE (French) - Appointed by the Chairman of the Administrative Council
Arbitrators:

D. Brian KING (U.S.) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Chairman of the Administrative Council

Party Representatives

Claimant(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Respondent(s):

Prime Minister of the Independent State of Papua New Guinea, National Capital District, Papua New Guinea
Minister for Mining, Office of the Minister, National Capital District, Papua New Guinea
Chief Secretary to the Government, Department of Prime Minister & National Executive Council, National Capital District, Papua New Guinea
Secretary, Department of Mineral Policy & Geohazards Management, National Capital District, Papua New Guinea
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 25, 2024 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
August 11, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
December 28, 2020	Following appointment by the Claimant, D. Brian King (U.S.) accepts his appointment as arbitrator.
March 3, 2021	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Philippe Sands (British/French/Mauritian) accepts his appointment as arbitrator.
March 22, 2021	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Alexis Mourre (French), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; D. Brian King (U.S.), appointed by the Claimant; and Philippe Sands (British/French/Mauritian), appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention.
March 22, 2021	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Alexis Mourre (French) accepts his appointment as presiding arbitrator.
April 6, 2021	The proceeding is suspended until October 9, 2021, pursuant to the parties’ agreement.
December 8, 2021	The proceeding is further suspended, pursuant to the parties’ agreement.
January 9, 2024	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
January 25, 2024	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).