Case Details

Huawei Technologies Co., Ltd. v. Kingdom of Sweden (ICSID Case No. ARB/22/2)

Subject of Dispute:

Telecommunication license agreements
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Sweden - China 1982
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Huawei Technologies Co., Ltd. (Chinese)
Respondent(s):

Kingdom of Sweden (Swedish)
Date Registered:

January 21, 2022
Date of Constitution of Tribunal:

June 8, 2022

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Jane WILLEMS (French) - Appointed by the Claimant(s)
Zachary DOUGLAS (Australian, Swiss) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Gaillard Banifatemi Shelbaya Disputes, Paris, France
A&O Shearman, Hong Kong, China and Singapore, Singapore
Respondent(s):

Arnold & Porter Kaye Scholer, San Francisco, Washington D.C., New York, NY, U.S.A. and London, U.K.
Advokatfirman Vinge KB, Stockholm, Sweden
The Office of the Chancellor of Justice, Stockholm, Sweden
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

October 26, 2024 - The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Available on the ICSID Website

Procedural Order No. 1 (July 27, 2022) English (Original)

Procedural Order No. 2 (September 26, 2022) English (Original)

Procedural Order No. 3 (April 28, 2023) English (Original)

Procedural Order No. 4 (July 21, 2023) English (Original)

Procedural Order No. 5 (February 2, 2024) English (Original)

Procedural Order No. 6 (June 26, 2024) English (Original)

(a) Original Proceeding

Date	Development
January 21, 2022	The Secretary-General registers a request for the institution of arbitration proceedings.
March 22, 2022	Following appointment by the Claimant, Jane Willems (French) accepts her appointment as arbitrator.
April 21, 2022	Following appointment by the Respondent, Zachary Douglas (Australian) accepts his appointment as arbitrator.
June 7, 2022	Following appointment by the parties pursuant to the parties’ agreement, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
June 8, 2022	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by the parties pursuant to the parties’ agreement; Jane Willems (French), appointed by the Claimant; and Zachary Douglas (Australian), appointed by the Respondent.
July 14, 2022	The Tribunal holds a first session by video conference.
July 27, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 26, 2022	The Tribunal issues Procedural Order No. 2 concerning transparency.
January 17, 2023	The Claimant files a memorial on the merits.
February 13, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
February 27, 2023	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
March 13, 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).
April 28, 2023	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
May 31, 2023	The Respondent files a request for the Tribunal to decide on production of documents.
June 9, 2023	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
June 20, 2023	The Respondent files a response to the Claimant’s observations of June 9, 2023.
June 26, 2023	The Claimant files a reply to the Respondent’s response of June 20, 2023.
June 29, 2023	The Tribunal issues a decision on production of documents (with reasons to follow).
July 21, 2023	The Tribunal issues Procedural Order No. 4 concerning production of documents.
November 3, 2023	The Respondent files a counter-memorial on the merits.
January 10, 2024	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
February 2, 2024	The Tribunal issues Procedural Order No. 5 concerning production of documents.
April 16, 2024	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
May 16, 2024	The Claimant files a reply on the merits.
June 5, 2024	Each party files observations on the non-disputing party’s application.
June 26, 2024	The Tribunal issues Procedural Order No. 6 concerning the non-disputing party’s application pursuant to ICSID Arbitration Rule 37(2).
July 24, 2024	The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
August 23, 2024	Each party files observations on the non-disputing party’s written submission.
September 30, 2024	The Respondent files a rejoinder on the merits.
October 21, 2024	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 26, 2024	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.