Case Details

Suffolk (Mauritius) Limited, Mansfield (Mauritius) Limited and Silver Point Mauritius v. Portuguese Republic (ICSID Case No. ARB/22/28)

Subject of Dispute:

Banking services and debt instruments
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Mauritius - Portugal 1997
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Suffolk (Mauritius) Limited (Mauritian), Mansfield (Mauritius) Limited (Mauritian), Silver Point Mauritius (Mauritian)
Respondent(s):

Portuguese Republic (Portuguese)
Date Registered:

November 11, 2022
Date of Constitution of Tribunal:

May 4, 2023

Composition of Tribunal

President:

Jeremy K. SHARPE (U.S.) - Appointed by the Parties
Arbitrators:

Stephan SCHILL (German) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Fietta, London, U.K.
PLMJ Advogados, Lisbon, Portugal
Saadeh Rahman, London, U.K.
Respondent(s):

Foley Hoag, Washington D.C., New York, NY and Boston, MA, U.S.A.
Cuatrecasas, Lisbon, Portugal
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

November 12, 2024 - The Claimants file a rejoinder on jurisdiction.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Available on the ICSID Website

Procedural Order No. 1 (July 13, 2023) English (Original)

Procedural Order No. 2 (July 13, 2023) English (Original)

Procedural Order No. 3 (March 1, 2024) English (Original)

Procedural Order No. 4 (August 8, 2024) English (Original)

(a) Original Proceeding

Date	Development
November 11, 2022	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
February 28, 2023	Following appointment by the Claimants, Stephan Schill (German) accepts his appointment as arbitrator.
March 6, 2023	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
May 4, 2023	Following appointment by agreement of the parties, Jeremy K. Sharpe (U.S.) accepts his appointment as presiding arbitrator.
May 4, 2023	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Jeremy K. Sharpe (U.S.), President, appointed by agreement of the parties; Stephan Schill (German), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
June 27, 2023	The Tribunal holds a first session by video conference.
July 13, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters and Procedural Order No. 2 concerning transparency.
October 17, 2023	The Claimants file a memorial on the merits.
December 5, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question pursuant to ICSID Convention Article 41(2) and ICSID Arbitration Rule 44.
January 23, 2024	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
February 20, 2024	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
March 1, 2024	The Tribunal issues Procedural Order No. 3 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
April 16, 2024	The Respondent files a memorial on objections to jurisdiction and admissibility.
June 11, 2024	The Claimants file a counter-memorial on jurisdiction and admissibility.
July 25, 2024	Following exchanges between the parties, the Claimants and Respondent file a request for the Tribunal to decide on production of documents.
August 8, 2024	The Tribunal issues Procedural Order No. 4 concerning production of documents.
October 1, 2024	The Respondent files a reply on jurisdiction.
November 12, 2024	The Claimants file a rejoinder on jurisdiction.