Case Details

Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea Nickel Limited (Tanzania) v. United Republic of Tanzania (ICSID Case No. ARB/20/38)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT United Kingdom of Great Britain and Northern Ireland - Tanzania 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Nachingwea U.K. Limited (UK) (British), Ntaka Nickel Holdings Limited (UK) (British), Nachingwea Nickel Limited (Tanzania) (Tanzanian)
Respondent(s):

United Republic of Tanzania (Tanzanian)
Date Registered:

October 5, 2020
Date of Constitution of Tribunal:

February 23, 2021

Composition of Tribunal

President:

Cavinder BULL (Singaporean) - Appointed by Co-Arbitrators
Arbitrators:

Doak BISHOP (U.S.) - Appointed by the Claimant(s)
Sanji Mmasenono MONAGENG (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 Attorney General of Tanzania, Dar Es Salaam, Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 14, 2023 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 28, 2023 (Respondent(s))
Date of Constitution of ad hoc Committee:

August 24, 2023

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Rolf KNIEPER (German)
Members:

Bertha COOPER-ROUSSEAU (Bahamian)
Githu MUIGAI (Kenyan)

Party Representatives

Claimant(s):

Boies Schiller Flexner, London, U.K. and New York, NY, U.S.A.
Respondent(s):

Office of the Solicitor General, Dar es Salaam, United Republic of Tanzania
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

March 15, 2024 - The United Republic of Tanzania files a memorial on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
October 5, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
December 9, 2020	Following appointment by the Claimants, Doak Bishop (U.S.) accepts his appointment as arbitrator.
January 4, 2021	Following appointment by the Respondent, Sanji Mmasenono Monageng (Botswanan) accepts her appointment as arbitrator.
February 23, 2021	Following appointment by his co-arbitrators, Cavinder Bull (Singaporean) accepts his appointment as presiding arbitrator.
February 23, 2021	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Cavinder Bull (Singaporean), President, appointed by his co-arbitrators; Doak Bishop (U.S.), appointed by Claimants; and Sanji Mmasenono Monageng (Botswanan), appointed by Respondent.
April 22, 2021	The Tribunal holds a first session by video conference.
April 28, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 22, 2021	The Claimants file a memorial on the merits.
December 22, 2021	The Tribunal decides on procedural matters.
January 14, 2022	The Respondent files a counter-memorial on the merits.
March 4, 2022	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
March 25, 2022	The Tribunal issues Procedural Order No. 2 concerning production of documents.
October 6, 2022	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
December 13, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
December 19, 2022	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
January 30, 2023 - February 2, 2023	The Tribunal holds a hearing on jurisdiction and merits in Washington, DC.
April 5, 2023	The Parties file simultaneous post-hearing submissions and the Respondent files a submission on costs.
April 19, 2023	The Claimants file a submission on costs.
May 1, 2023	The Claimants file observations on the Respondent’s submission on costs.
May 6, 2023	The Respondent files observations on the Claimants’ submission on costs.
June 21, 2023	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 14, 2023	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
July 28, 2023	The Secretary-General registers an application for annulment of the award filed by the United Republic of Tanzania and notifies the parties of the provisional stay of enforcement of the award.
August 24, 2023	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Rolf Knieper (German), President; Bertha Cooper-Rousseau (Bahamian); and Githu Muigai (Kenyan); all members appointed by the Chairman of the Administrative Council.
September 8, 2023	The United Republic of Tanzania files a request to continue the stay of enforcement of the award.
September 19, 2023	Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea Nickel Limited (Tanzania) file observations on the United Republic of Tanzania’s request to continue the stay of enforcement of the award.
September 28, 2023	The United Republic of Tanzania files a response to Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea Nickel Limited (Tanzania)’s observations of September 19, 2023.
October 6, 2023	Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea Nickel Limited (Tanzania) file a rejoinder on the United Republic of Tanzania’s response to continue the stay of enforcement of the award of September 28, 2023.
October 11, 2023	The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award by video conference.
October 13, 2023	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
October 16, 2023	Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea Nickel Limited (Tanzania) file a memorial on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
October 31, 2023	The Committee issues a decision concerning the stay of enforcement of the award.
November 14, 2023	The United Republic of Tanzania files a response on Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea Nickel Limited (Tanzania)’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
November 27, 2023	Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea Nickel Limited (Tanzania) file a reply on preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 11, 2023	The United Republic of Tanzania files a rejoinder on Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea Nickel Limited (Tanzania)’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
December 19, 2023	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
December 20, 2023	The ad hoc Committee holds a hearing on preliminary objections pursuant to ICSID Arbitration Rule 41(5) by video conference.
February 2, 2024	The ad hoc Committee issues a decision on Nachingwea U.K. Limited (UK), Ntaka Nickel Holdings Limited (UK) and Nachingwea Nickel Limited (Tanzania)’s preliminary objections pursuant to ICSID Arbitration Rule 41(5).
March 15, 2024	The United Republic of Tanzania files a memorial on annulment.