Case Details

Congo Mining Ltd SARLU and Midus Holdings Limited v. Republic of Congo (ICSID Case No. ARB/21/58)

Subject of Dispute:

Mining concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Congo, Republic of - United Kingdom of Great Britain and Northern Ireland 1989
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Congo Mining Ltd SARLU (Congolese), Midus Holdings Limited (British)
Respondent(s):

Republic of Congo (Congolese)
Date Registered:

December 8, 2021
Date of Constitution of Tribunal:

April 20, 2022

Composition of Tribunal

President:

Laurent LÉVY (Brazilian, Swiss) - Appointed by the Parties
Arbitrators:

Eric A. SCHWARTZ (French, U.S.) - Appointed by the Claimant(s)
Pierre MAYER (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

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

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

English,French
Status of Proceeding:

Pending
Latest Development:

August 26, 2024 - August 30, 2024 - The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.

No References Available.

(a) Original Proceeding

Date	Development
December 8, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
March 11, 2022	Following appointment by the Claimants, Eric Schwartz (French/U.S.) accepts his appointment as arbitrator.
April 14, 2022	Following appointment by the Respondent, Pierre Mayer (French) accepts his appointment as arbitrator.
April 19, 2022	Following appointment by agreement of the parties, Laurent Lévy (Brazilian/Swiss) accepted his appointment as presiding arbitrator.
April 20, 2022	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Laurent Lévy (Brazilian/Swiss), President, appointed by agreement of the parties; Eric A. Schwartz (French/U.S.), appointed by the Claimants; and Pierre Mayer (French), appointed by the Respondent.
June 8, 2022	The Tribunal holds a first session by video conference.
August 8, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 2, 2022	The Claimants file a memorial on the merits.
January 23, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 9, 2023	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
March 14, 2023	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question (with reasons to follow).
July 24, 2023	The Respondent files a counter-memorial on the merits.
August 3, 2023	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
October 3, 2023	The Tribunal issues Procedural Order No. 3 concerning production of documents.
February 1, 2024	The Claimants file a reply on the merits and counter-memorial on jurisdiction.
March 14, 2024	The Respondent files a request for the exclusion of arguments and evidence.
March 27, 2024	The Claimants file observations on the Respondent’s request of March 14, 2024.
March 28, 2024	The Tribunal issues a decision on the exclusion of arguments and evidence.
May 2, 2024	The Respondent files a reply on preliminary objections.
June 14, 2024	The Respondent files a rejoinder on the merits.
June 28, 2024	The Claimant files a rejoinder on jurisdiction.
July 29, 2024	The President holds a pre-hearing organizational meeting with the parties by video conference.
August 7, 2024	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
August 12, 2024	The Claimants file a request for the Tribunal to decide on the admissibility of new evidence.
August 16, 2024	The Respondent files observations on the Claimants’ request of August 12, 2024.
August 19, 2024	The Tribunal decides on the Claimants’ request of August 12, 2024.
August 26, 2024 - August 30, 2024	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.