Case Details

Digicel (Singapore) Private Limited v. Independent State of Papua New Guinea (ICSID Case No. ARB/22/18)

Subject of Dispute:

Telecommunication enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Digicel (Singapore) Private Limited (Singaporean)
Respondent(s):

Independent State of Papua New Guinea (Papua New Guinean)
Date Registered:

July 6, 2022
Date of Constitution of Tribunal:

October 28, 2022

Composition of Tribunal

President:

Jean Engelmayer KALICKI (U.S.) - Appointed by the Parties
Arbitrators:

Allan MYERS (Australian) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Ashurst, Port Moresby, Papua New Guinea
Davis Polk & Wardwell, New York, NY, U.S.A.
Respondent(s):

Department of Treasury, Port Moresby, Papua New Guinea
Department of Justice & Attorney General, Port Moresby, Papua New Guinea
Office of the State Solicitor, Port Moresby, Papua New Guinea
WongPartnership, Singapore
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 16, 2024 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

No References Available.

(a) Original Proceeding

Date	Development
July 6, 2022	The Secretary-General registers a request for the institution of arbitration proceedings.
October 21, 2022	Following appointment by the Claimant, Allan Myers (Australian) accepts his appointment as arbitrator.
October 27, 2022	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
October 28, 2022	Following appointment by agreement of the parties, Jean E. Kalicki (U.S.) accepts her appointment as presiding arbitrator.
October 28, 2022	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Jean E. Kalicki (U.S.), President, appointed by agreement of the parties; Allan Myers (Australian), appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent.
February 7, 2023	The Tribunal holds a first session by video conference.
February 10, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 5, 2023	The Tribunal issues Procedural Order No. 2 concerning the procedural calendar.
August 3, 2023	The Claimant files a memorial on the merits.
September 29, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
September 29, 2023	The Tribunal issues Procedural Order No. 3 concerning the confidentiality of documents.
October 3, 2023	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
October 25, 2023	The Parties agree to address the Respondent’s objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
January 26, 2024	The Respondent files a memorial on jurisdiction.
March 29, 2024	The proceeding is suspended pursuant to the parties’ agreement.
April 9, 2024	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
April 9, 2024	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
April 16, 2024	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
April 16, 2024	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).