Case Details

GMS Ventures and Investment Holdings Co. LLC/Jordan (Exempt) and GMS Ventures and Investments Holdings Company – Jordan (Free Zones) v. Republic of Iraq (ICSID Case No. ARB/22/8)

Subject of Dispute:

Pharmaceutical enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Iraq - Jordan 2013
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

GMS Ventures and Investment Holdings Co. LLC/Jordan (Exempt) (Jordanian), GMS Ventures and Investments Holdings Company – Jordan (Free Zones) (Jordanian)
Respondent(s):

Republic of Iraq (Iraqi)
Date Registered:

March 30, 2022
Date of Constitution of Tribunal:

October 24, 2022

Composition of Tribunal

President:

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

Michael D. NOLAN (U.S.) - Appointed by the Claimant(s)
Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Herbert Smith Freehills, New York, NY, U.S.A. and London, U.K.
Respondent(s):

Ministry of Justice, Baghdad, Iraq
Ministry of Industry and Minerals, Baghdad, Iraq
State Company for Drugs Industry and Medical Appliances/Samarra
Squire Patton Boggs, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Pending
Latest Development:

September 27, 2024 - The Claimants file a reply on the merits and a counter-memorial on jurisdiction.

No References Available.

(a) Original Proceeding

Date	Development
March 30, 2022	The Secretary-General registers a request for the institution of arbitration proceedings.
June 2, 2022	Following appointment by the Claimants, Michael D. Nolan (U.S.) accepts his appointment as arbitrator.
July 19, 2022	The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrators not yet appointed pursuant to Article 38 of the ICSID Convention.
September 20, 2022	Following appointment by the Respondent, Philippe J. Sands (British/French/Mauritian) accepts his appointment as arbitrator.
October 24, 2022	Following appointment by agreement of the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
October 24, 2022	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; Michael D. Nolan (U.S.), appointed by the Claimants; and Philippe J. Sands (British/French/Mauritian), appointed by the Respondent.
November 28, 2022	The Tribunal holds a first session by video conference.
November 30, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 26, 2023	The Claimants file a memorial on the merits.
February 1, 2023	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
May 9, 2023	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
May 31, 2023	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
June 6, 2023	The Tribunal holds a hearing on bifurcation by videoconference.
June 8, 2023	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
June 12, 2023	The Claimants file a request for provisional measures
June 13, 2023	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.
August 21, 2023	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
September 6, 2023	The Tribunal holds a hearing on provisional measures by video conference.
September 29, 2023	The Tribunal issues a procedural order concerning provisional measures.
October 17, 2023	The President holds a pre-hearing organizational meeting with the parties by video conference.
October 20, 2023	The Tribunal issues Procedural Order No. 5 concerning hearing organization.
November 1, 2023	The Tribunal holds a hearing on the bifurcated objection by video conference.
January 2, 2024	The Tribunal issues a decision on the bifurcated objection.
March 1, 2024	The Claimants file a supplemental memorial on the merits.
June 7, 2024	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
August 12, 2024	Following exchanges between the parties, the Tribunal issues Procedural Order No. 6 concerning production of documents.
September 27, 2024	The Claimants file a reply on the merits and a counter-memorial on jurisdiction.