Case Details

Qatar National Bank (Q.P.S.C.) v. Republic of South Sudan and Bank of South Sudan (ICSID Case No. ARB/20/40)

Subject of Dispute:

Banking services and debt instruments
Economic Sector:

Finance
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Qatar National Bank (Q.P.S.C.) (Qatari)
Respondent(s):

Republic of South Sudan (South Sudanese), Bank of South Sudan (South Sudanese)
Date Registered:

October 7, 2020
Date of Constitution of Tribunal:

March 24, 2021

Composition of Tribunal

President:

Ucheora ONWUAMAEGBU (British, Nigerian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Peter REES (British) - Appointed by the Claimant(s)
Hélène RUIZ FABRI (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Withers, London, U.K.
Horizon Legal Associates, Juba, Republic of South Sudan
Respondent(s):

Government of the Republic of South Sudan, Juba, Republic of South Sudan
Robson Harris & Company Advocates, Nairobi, Kenya
South Sudan Associated Advocates, Juba, Republic of South Sudan
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

February 17, 2023 - The Claimant supplements its submission on costs of February 2, 2023.

No References Available.

(a) Original Proceeding

Date	Development
October 7, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
November 15, 2020	Following appointment by the Claimant, Peter Rees (British) accepts his appointment as arbitrator.
January 14, 2021	Following appointment by the Respondents, Hélène Ruiz Fabri (French) accepts her appointment as arbitrator.
March 24, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ucheora Onwuamaegbu (Nigerian/British), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Peter Rees (British), appointed by the Claimant; and Hélène Ruiz Fabri (French), appointed by the Respondents.
March 24, 2021	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Ucheora Onwuamaegbu (Nigerian/British) accepts his appointment as presiding arbitrator.
May 26, 2021	The Tribunal holds a first session by video conference.
May 27, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 9, 2021	The Respondents file a request to address the objections to jurisdiction as a preliminary question.
June 23, 2021	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
July 29, 2021	The Tribunal issues a decision on the Respondents’ request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
November 29, 2021	The Claimant files a memorial on the merits.
April 28, 2022	The Respondents file a memorial on jurisdiction and a counter-memorial on the merits.
August 18, 2022	The Claimant files a counter-memorial on jurisdiction and a reply on the merits.
December 12, 2022	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
December 16, 2022	The Respondents file a request for the Tribunal to decide on the admissibility of new evidence.
December 19, 2022	The Claimant files observations on the Respondents’ request of December 16, 2022.
December 19, 2022	The Tribunal decides on the Respondent’s request of December 16, 2022.
December 20, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
December 22, 2022	The Tribunal issues Procedural Order No. 2 concerning the organization of the hearing.
January 6, 2023	The Respondents file a request for the Tribunal to decide on the admissibility of new evidence.
January 8, 2023	The Tribunal decides on the Respondents’ request of January 6, 2022.
January 8, 2023	The Claimant files observations on the Respondents’ request of January 6, 2022.
January 17, 2023 - January 19, 2023	The Tribunal holds a hearing on jurisdiction and the merits in London.
January 26, 2023	The Claimant files answers to questions posed by the Tribunal during the hearing.
February 2, 2023	The Respondents file answers to questions posed by the Tribunal during the hearing and observations on the Claimant’s answers of January 26, 2023.
February 2, 2023	Each party files a submission on costs.
February 14, 2023	The Claimant files observations on the Respondents’ answers of February 2, 2023.
February 17, 2023	The Claimant supplements its submission on costs of February 2, 2023.