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)
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Banking services and debt instruments
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Finance
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Contract
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ICSID Convention - Arbitration Rules
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Qatar National Bank (Q.P.S.C.) (Qatari)
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Republic of South Sudan (South Sudanese), Bank of South Sudan (South Sudanese)
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October 7, 2020
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March 24, 2021
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Ucheora ONWUAMAEGBU (British, Nigerian) - Appointed by the Chairman of the Administrative Council
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Peter REES (British) - Appointed by the Claimant(s)
Hélène RUIZ FABRI (French) - Appointed by the Respondent(s) -
Withers, London, U.K.
Horizon Legal Associates, Juba, Republic of South Sudan -
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 -
English
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Concluded
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May 7, 2024 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Excerpts of the Award
Available on the ICSID Website
Excerpts of the Award (May 7, 2024) English (Original)
(a) Original Proceeding
Date | Development |
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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. |
January 5, 2024 | The Tribunal issues a decision on jurisdiction and liability. |
February 19, 2024 | Following the Tribunal's decision on jurisdiction and liability, the parties jointly file agreed calculations of quantum. |
March 11, 2024 | Following an invitation by the Tribunal to both parties, the Claimant files an updated submission on costs. |
March 29, 2024 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
May 7, 2024 | The Tribunal renders its award. |