Case Details

Qiong Ye and Jianping Yang v. Kingdom of Cambodia (ICSID Case No. ARB/21/42)

Subject of Dispute:

Telecommunication enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

ASEAN-China Investment Agreement 2009
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Qiong Ye (Chinese), Jianping Yang (Chinese)
Respondent(s):

Kingdom of Cambodia (Cambodian)
Date Registered:

September 1, 2021
Date of Constitution of Tribunal:

February 3, 2022

Composition of Tribunal

President:

Veijo HEISKANEN (Finnish) - Appointed by the Parties
Arbitrators:

Cavinder BULL (Singaporean) - Appointed by the Claimant(s)
Christopher HARRIS (British) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hui Zhong Law Firm, Beijing, China
Arent Fox, Washington, D.C., U.S.A.
Respondent(s):

Ministry of Foreign Affairs and International Cooperation, Phnom Penh, Cambodia
Ministry of Post and Telecommunication of Cambodia, Phnom Penh, Cambodia
A&O Shearman, Hong Kong and Paris, France
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 31, 2025 -
The Tribunal renders its award; attached to the award is a partially dissenting opinion by arbitrator Christopher Harris.

No References Available.

(a) Original Proceeding

Date	Development
September 1, 2021	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
October 27, 2021	Following appointment by the Claimants, Cavinder Bull (Singaporean) accepts his appointment as arbitrator.
December 9, 2021	Following appointment by the Respondent, Christopher Harris (British) accepts his appointment as arbitrator.
February 3, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. The Tribunal’s members are: Veijo Heiskanen (Finnish), President, appointed by agreement of the parties; Cavinder Bull (Singaporean), appointed by the Claimants; and Christopher Harris (British), appointed by the Respondent.
February 3, 2022	Following appointment by agreement of the parties, Veijo Heiskanen (Finnish) accepts his appointment as presiding arbitrator.
March 21, 2022	The Tribunal holds a first session by video conference.
April 14, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 1, 2022	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
September 13, 2022	The Claimants file a memorial on the merits.
March 17, 2023	The Respondent files a counter-memorial on the merits.
June 14, 2023	The Tribunal issues Procedural Order No. 3 concerning production of documents.
August 24, 2023	The Claimants file a reply on the merits.
October 25, 2023	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
November 16, 2023	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
December 8, 2023	The Respondent files a rejoinder on the merits.
December 18, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
December 22, 2023	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
January 3, 2024	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
January 5, 2024	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
January 10, 2024	The Claimants file a request for provisional measures.
January 16, 2024	The Respondent files observations on the Claimants’ request for provisional measures.
January 18, 2024	The Tribunal holds a case management conference with the parties by video conference.
January 22, 2024 - February 2, 2024	The Tribunal holds a hearing on jurisdiction and the merits in Singapore.
January 25, 2024	The Tribunal issues Procedural Order No. 9 concerning provisional measures.
February 22, 2024	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
March 15, 2024	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
March 20, 2024	The Respondent files observations on the Claimants’ request of March 15, 2024.
March 25, 2024	The Tribunal holds a hearing by video conference.
March 28, 2024	The Tribunal issues Procedural Order No. 11 concerning provisional measures.
April 2, 2024	The Tribunal issues Procedural Order No. 12 concerning the admissibility of new evidence.
May 14, 2024	Each party files a post-hearing brief.
June 11, 2024	Each party files a submission on costs.
January 7, 2025	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
March 31, 2025	The Tribunal renders its award; attached to the award is a partially dissenting opinion by arbitrator Christopher Harris.