Case Details

Nurhima Kiram Fornan and others v. Kingdom of Spain (ICSID Case No. ARB/24/45)

Subject of Dispute:

Other
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Philippines - Spain 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Nurhima Kiram Fornan (Philippine), Fuad A. Kiram (Philippine), Permaisuli Kiram (Philippine), Sheramar Kiram (Philippine), Jenny Sampang (Philippine), Widz-Raunda Sampang (Philippine), Taj-Mahal Kiram Tarsum-Nuqui (Philippine)
Respondent(s):

Kingdom of Spain (Spanish)
Date Registered:

October 24, 2024
Date of Constitution of Tribunal:

March 19, 2025

Composition of Tribunal

President:

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

Stephan SCHILL (German) - Appointed by the Claimant(s)
Alexis MOURRE (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Paul H. Cohen, Gray’s Inn Square, London, U.K.
Respondent(s):

Abogacía General del Estado, Ministry of Justice of the Government of Spain, Madrid, Spain
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 6, 2025 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award (As redacted by the Parties)

Available on the ICSID Website

Award (As redacted by the Parties) (November 6, 2025) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
October 24, 2024	The Secretary-General registers a request for the institution of arbitration proceedings.
February 7, 2025	Following appointment by the Claimants, Stephan Schill (German) accepts his appointment as arbitrator.
February 14, 2025	Following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator.
March 19, 2025	Following appointment by agreement of the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
March 19, 2025	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; Stephan Schill (German), appointed by the Claimants; and Alexis Mourre (French), appointed by the Respondent.
May 2, 2025	The Respondent files an objection that the claim is manifestly without legal merit pursuant to ICSID Arbitration Rule 41(1).
May 14, 2025	The Tribunal holds a first session by videoconference.
May 15, 2025	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 16, 2025	The Claimants file observations on the Respondent’s objection that the claim is manifestly without legal merit.
July 16, 2025	The Tribunal holds a hearing on the Respondent’s objection pursuant to ICSID Arbitration Rule 41(1) by video conference.
July 17, 2025	The Tribunal issues Procedural Order No. 2 on procedural matters following the hearing on the Respondent’s objection pursuant to ICSID Arbitration Rule 41(1).
July 29, 2025	The Claimants file a statement of costs.
July 30, 2025	The Respondent files a statement of costs.
November 6, 2025	The Tribunal renders its award.