Case Details

EEPL Holdings v. Republic of Congo (ICSID Case No. ARB/21/53)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Congo, Republic of - Mauritius 2010
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

EEPL Holdings (Mauritian)
Respondent(s):

Republic of Congo (Congolese)
Date Registered:

October 29, 2021
Date of Constitution of Tribunal:

April 26, 2022

Composition of Tribunal

President:

Erica STEIN (Belgian, U.S.) - Appointed by the Parties
Arbitrators:

John M. TOWNSEND (U.S.) - Appointed by the Claimant(s)
Aimery DE SCHOUTHEETE (Belgian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Clifford Chance, London, U.K., Singapore, Singapore and Perth, Australia
Respondent(s):

ArentFox Schiff, Washington D.C., U.S.A.
Jeantet, Paris, France
Language(s) of Proceeding:

English,French
Status of Proceeding:

Pending
Latest Development:

January 12, 2024 - The Tribunal issues a decision on the Claimant’s preliminary objections on the Respondent’s counter-claims pursuant to ICSID Arbitration Rule 41(1) (with reasons to follow).

No References Available.

(a) Original Proceeding

Date	Development
October 29, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
January 5, 2022	Following appointment by the Claimant, John M. Townsend (U.S.) accepts his appointment as arbitrator.
February 3, 2022	Following appointment by the Respondent, Aimery de Schoutheete (Belgian) accepts his appointment as arbitrator.
April 25, 2022	Following appointment by agreement of the parties, Erica Stein (Belgian/U.S.) accepts her appointment as presiding arbitrator.
April 26, 2022	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are Erica Stein (Belgian/U.S.), President, appointed by agreement of the parties; John M. Townsend (U.S.), appointed by the Claimant; and Aimery de Schoutheete (Belgian), appointed by the Respondent.
August 4, 2022	The Tribunal holds a first session by video conference.
August 31, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 14, 2023	The Claimant files a memorial on the merits.
March 29, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
April 4, 2023	The Respondent withdraws its request to address the objections to jurisdiction as a preliminary question.
August 7, 2023	The Respondent files a counter-memorial on the merits, including counter-claims.
September 18, 2023	The Claimant files preliminary objections on the Respondent’s counter-claims pursuant to ICSID Arbitration Rule 41(1).
October 5, 2023	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
November 15, 2023	The Respondent files observations on the Claimant’s preliminary objections on the Respondent’s counter-claims pursuant to ICSID Arbitration Rule 41(1).
November 17, 2023	The Tribunal issues Procedural Order No. 3 concerning production of documents.
December 21, 2023	The Claimant files a reply on its preliminary objections on the Respondent’s counter-claims pursuant to ICSID Arbitration Rule 41(1).
January 12, 2024	The Tribunal issues a decision on the Claimant’s preliminary objections on the Respondent’s counter-claims pursuant to ICSID Arbitration Rule 41(1) (with reasons to follow).