Case Details

Bachar Kiwan v. State of Kuwait (ICSID Case No. ARB/20/53)

Subject of Dispute:

Media services & trade
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT France - Kuwait 1989
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Bachar Kiwan (French)
Respondent(s):

State of Kuwait (Kuwaiti)
Date Registered:

December 17, 2020
Date of Constitution of Tribunal:

May 12, 2021

Composition of Tribunal

President:

Wendy J. MILES (New Zealand) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Aceris Law, Geneva, Switzerland
Miguérès Moulin, Paris, France
Respondent(s):

Curtis Mallet-Prevost, Colt & Mosle, London, U.K. and New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 10, 2025 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
December 17, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
March 17, 2021	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
March 17, 2021	Following appointment by the Claimant, Bernard Hanotiau (Belgian) accepts his appointment as arbitrator.
March 23, 2021	Following appointment by the Respondent, Raúl Vinuesa (Argentine/Spanish) accepts his appointment as arbitrator.
May 12, 2021	Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Ms. Wendy Miles QC (New Zealand) accepts her appointment as presiding arbitrator.
May 12, 2021	The Tribunal is constituted in accordance with 37(2)(b) of the ICSID Convention. Its members are: Wendy Miles (New Zealand), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Bernard Hanotiau (Belgian), appointed by the Claimant; and Raúl Vinuesa (Argentine/Spain), appointed by the Respondent.
May 13, 2021	The Claimant files a request for provisional measures.
June 18, 2021	The Tribunal holds a first session by video conference.
July 9, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 6, 2021	The Respondent files observations on the Claimant’s request for provisional measures.
August 27, 2021	The Claimant files a response to the Respondent’s observations of August 6, 2021.
September 17, 2021	The Respondent files further observations on the Claimant’s request for provisional measures.
December 1, 2021	The Tribunal holds a hearing on provisional measures by video conference.
December 24, 2021	The Tribunal issues Procedural Order No. 2 concerning the Claimant’s request for provisional measures.
March 24, 2022	The Claimant files a memorial on the merits.
April 23, 2022	The Respondent files a request to address an objection to jurisdiction as a preliminary question.
May 19, 2022	The Claimant files observations on the request to address the objection to jurisdiction as a preliminary question.
June 22, 2022	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objection to jurisdiction as a preliminary question; as a result, the objection to jurisdiction is joined to the merits of the dispute.
October 20, 2022	The Respondent files a counter-memorial on the merits.
January 3, 2023	The Tribunal issues Procedural Order No. 4 concerning production of documents.
March 10, 2023	The Claimants file a reply on the merits.
April 14, 2023	The Tribunal issues Procedural Order No. 5 concerning production of documents.
June 8, 2023	The Respondent files a rejoinder on the merits.
July 6, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
July 19, 2023	The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing.
July 24, 2023 - July 28, 2023	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
August 4, 2023	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
August 18, 2023	The Claimant files an additional witness statement.
October 11, 2023	Each party files a post-hearing brief.
November 2, 2023	Each party files a reply post-hearing brief.
November 15, 2023	Each party files a cost submission.
November 29, 2023	The parties file reply cost submissions.
March 10, 2025	The Tribunal renders its award.