Case Details

Orange S.A. v. Republic of Iraq (ICSID Case No. ARB/20/42)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT France - Iraq 2010
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Orange S.A. (French)
Respondent(s):

Republic of Iraq (Iraqi)
Date Registered:

October 14, 2020
Date of Constitution of Tribunal:

July 13, 2021

Composition of Tribunal

President:

James HOSKING (New Zealand, U.S.) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Claus VON WOBESER (German, Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Jones Day, Paris, France
Respondent(s):

Prime Minister, Baghdad, Iraq
Debevoise & Plimpton, New York, N.Y., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

May 31, 2024 - Each Party files a post-hearing brief.

No References Available.

(a) Original Proceeding

Date	Development
October 14, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
December 18, 2020	Following appointment by the Claimant, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator.
February 11, 2021	Following appointment by the Respondent, Claus von Wobeser (German/Mexican) accepts his appointment as arbitrator.
May 4, 2021	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
July 13, 2021	Following appointment by agreement of the parties James Hosking (U.S., New Zealand) accepts his appointment as presiding arbitrator.
July 13, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: James Hosking (U.S., New Zealand), President, appointed by agreement of the parties; Horacio Grigera Naón (Argentine), appointed by the Claimant; and Claus von Wobeser (German/Mexican), appointed by the Respondent.
September 1, 2021	The President of the Tribunal holds a first session by video conference.
September 2, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
October 1, 2021	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
October 29, 2021	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
January 3, 2022	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
May 3, 2022	The Claimant files a memorial on the merits.
September 30, 2022	The Respondent files a counter-memorial on the merits.
January 13, 2023	The Tribunal issues Procedural Order No. 3 on production of documents.
June 5, 2023	The Claimant files a Reply on the Merits and Counter-Memorial on Jurisdiction.
October 7, 2023	The Tribunal issues Procedural Order No. 4 on production of documents.
October 24, 2023	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
November 16, 2023	The Tribunal issues Procedural Order No. 5 concerning production of documents.
December 21, 2023	The Claimant files a rejoinder on jurisdiction.
January 11, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
January 16, 2024	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
February 5, 2024	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
February 12, 2024 - February 16, 2024	The Tribunal holds a hearing on jurisdiction and the merits in Washington D.C.
April 17, 2024	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
May 31, 2024	Each Party files a post-hearing brief.