Case Details

WM Mining Company, LLC v. Mongolia (ICSID Case No. ARB/21/8)

Subject of Dispute:

Gold mining project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT United States of America - Mongolia 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

WM Mining Company, LLC (U.S.)
Respondent(s):

Mongolia (Mongolian)
Date Registered:

February 17, 2021
Date of Constitution of Tribunal:

July 8, 2021

Composition of Tribunal

President:

Eduardo ZULETA (Colombian) - Appointed by the Parties
Arbitrators:

Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Albert Jan VAN DEN BERG (Dutch) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

McMillan, Toronto, Canada
Respondent(s):

Herbert Smith Freehills, Frankfurt, Germany
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 29, 2024 -
The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
February 17, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
May 6, 2021	Following appointment by the Claimant, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.
May 20, 2021	Following appointment by the Respondent, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
July 8, 2021	Following appointment by agreement of the parties, Eduardo Zuleta (Colombian) accepts his appointment as presiding arbitrator.
July 8, 2021	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President, appointed by agreement of the parties; Stephen Drymer (Canadian), appointed by the Claimant; and Albert Jan van den Berg (Dutch), appointed by the Respondent.
August 26, 2021	The Tribunal holds a first session by video conference.
September 1, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
November 24, 2021	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
November 26, 2021	The Claimant files a memorial on the merits.
February 7, 2022	The Respondent files a memorial on jurisdiction, including a request to address the objections to jurisdiction as a preliminary question.
February 22, 2022	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
March 2, 2022	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
March 22, 2022	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
June 6, 2022	The Respondent files a counter-memorial on the merits.
September 6, 2022	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
September 20, 2022	The Tribunal issues Procedural Order No. 5 concerning production of documents.
November 2, 2022	The Respondent files a request for security for costs.
November 21, 2022	The Claimant files observations on the Respondent’s request for security for costs.
November 28, 2022	The Respondent files a reply on security for costs.
December 5, 2022	The Claimant files a rejoinder on security for costs.
December 16, 2022	The Claimant files a counter-memorial on jurisdiction and a reply on the merits.
January 4, 2023	The Tribunal issues Procedural Order No. 6 concerning security for costs.
March 10, 2023	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
April 6, 2023	The Claimant files a rejoinder on jurisdiction.
April 20, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
May 9, 2023	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
May 22, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
May 24, 2023	The Respondent files observations on the Claimant’s request of May 22, 2023.
May 26, 2023	The Tribunal decides on the Claimant’s request of May 22, 2023.
May 30, 2023 - June 8, 2023	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
August 25, 2023	Each party files a post-hearing brief.
September 21, 2023	Each party files a statement of costs.
June 28, 2024	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 29, 2024	The Tribunal renders its award.