Case Details

Finetis SARL and Finetis Maroc SA v. Kingdom of Morocco (ICSID Case No. ARB/21/44)

Subject of Dispute:

Telecommunication network
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Morocco - France 1996
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Finetis SARL (French), Finetis Maroc SA (Moroccan)
Respondent(s):

Kingdom of Morocco (Moroccan)
Date Registered:

September 20, 2021
Date of Constitution of Tribunal:

February 8, 2022

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian) - Appointed by the Parties
Arbitrators:

Fernando MANTILLA-SERRANO (Colombian) - Appointed by the Claimant(s)
Laurence BOISSON DE CHAZOURNES (French, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Medici, Paris, France
Respondent(s):

Bredin Prat, Paris, France
Agence Judiciaire du Royaume, Morocco
Language(s) of Proceeding:

French
Status of Proceeding:

Pending
Latest Development:

March 27, 2024 - Each party files a statement of costs.

No References Available.

(a) Original Proceeding

Date	Development
September 20, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
December 2, 2021	Following appointment by the Claimants, Fernando Mantilla-Serrano (Colombian) accepts his appointment as arbitrator.
January 6, 2022	Following appointment by the Respondent, Laurence Boisson de Chazournes (French/Swiss) accepts her appointment as arbitrator.
February 8, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President, appointed by agreement of the parties; Fernando Mantilla-Serrano (Colombian), appointed by the Claimants; and Laurence Boisson de Chazournes (French/Swiss), appointed by the Respondent.
February 8, 2022	Following appointment by agreement of the parties Bernard Hanotiau (Belgian) accepts his appointment as presiding arbitrator.
March 15, 2022	The Tribunal holds a first session by video conference.
March 22, 2022	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 22, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 25, 2022	The Claimants file a proposal for disqualification of Respondent’s counsel.
April 1, 2022	The Respondent files observations on the Claimants’ proposal of March 25, 2022.
April 8, 2022	The Claimants file a response to the Respondent’s observations of April 1, 2022.
April 8, 2022	Each party files observations on the non-disputing party’s application.
April 15, 2022	The Respondent files a response to the Claimants’ observations of April 8, 2022.
April 15, 2022	The Tribunal issues Procedural Order No. 2 concerning the non-disputing party’s application of March 22, 2022.
April 20, 2022	The Tribunal holds a hearing by videoconference on the Claimants’ proposal for disqualification of Respondent’s counsel.
May 4, 2022	The Tribunal issues Procedural Order No. 3 concerning the Claimants’ proposal for disqualification of Respondent’s counsel.
July 22, 2022	The Claimants file a memorial on the merits.
February 11, 2023	The Respondent files a counter-memorial on the merits.
May 2, 2023	The Tribunal issues Procedural Order No. 4 concerning production of documents.
May 11, 2023	The Tribunal issues Procedural Order No. 5 concerning production of documents.
June 6, 2023	The Tribunal issues Procedural Order No. 6 concerning production of documents.
July 25, 2023	The Claimants file a reply on the merits.
October 20, 2023	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
November 2, 2023	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
December 7, 2023	The Respondent files a rejoinder on the merits.
December 18, 2023	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
December 22, 2023	The Respondent files a request for security for costs.
January 29, 2024 - February 2, 2024	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
February 23, 2024	The Claimants file observations on the Respondent’s request for security for costs.
February 27, 2024	The Tribunal issues Procedural Order No. 11 concerning security for costs.
March 7, 2024	The Respondent files a response to the Claimants’ observations of February 23, 2024.
March 11, 2024	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 11, 2024	The Claimants file observations on the Respondent’s request of March 11, 2024.
March 12, 2024	The Tribunal issues a decision on the admissibility of new evidence.
March 15, 2024	The Claimants file further observations to the Respondent’s response of March 7, 2024.
March 15, 2024	The Claimants file a post-hearing brief.
March 16, 2024	The Respondent files a post-hearing brief.
March 27, 2024	Each party files a statement of costs.