Case Details

Adriano Gardella S.p.A. v. Côte d'Ivoire (ICSID Case No. ARB/74/1)

Subject of Dispute:

Production of fibers and textiles
Economic Sector:

Other Industry
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Adriano Gardella S.p.A. (Italian)
Respondent(s):

Côte d'Ivoire (Ivorian)
Date Registered:

March 6, 1974
Date of Constitution of Tribunal:

October 7, 1974

Composition of Tribunal

President:

Pierre CAVIN (Swiss) - Appointed by the Parties
Arbitrators:

Jacques Michel GROSSEN (Swiss) - Appointed by the Claimant(s)
Dominique PONCET (Swiss) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

André PANCHAUD (Swiss)
Arbitrators:

Edouard ZELLWEGER (Swiss)
Dominique PONCET (Swiss)
Reconstituted:

August 7, 1975: Jacques Michel GROSSEN (Swiss) appointed following the passing away of Edouard ZELLWEGER (Swiss)
April 28, 1976: Pierre CAVIN (Swiss) appointed following the passing away of André PANCHAUD (Swiss)

Party Representatives

Claimant(s):

Lalive et Budin avocats, Paris, France
Respondent(s):

Théodore Klein
Language(s) of Proceeding:

French
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 29, 1977 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award: English translation of French original in 1 ICSID Reports, (ICSID Rep.) 283 (1993) (August 29, 1977)

(a) Original Proceeding

Date	Development
March 6, 1974	The Secretary-General registers a request for the institution of arbitration proceedings.
June 11, 1974	Following appointment by the Respondent, Dominique Poncet (Swiss) accepts his appointment as arbitrator.
September 10, 1974	Following appointment by the Claimant, Edouard Zellweger (Swiss) accepts his appointment as arbitrator.
October 4, 1974	Following appointment by the parties, André Panchaud (Swiss) accepts his appointment as presiding arbitrator.
October 7, 1974	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: André Panchaud (Swiss), President, appointed by agreement of the parties; Edouard Zellweger (Swiss), appointed by the Claimant; and Dominique Poncet (Swiss), appointed by the Respondent.
November 25, 1974	The Tribunal holds a first session in Geneva.
December 24, 1974	The Claimant files a memorial on the merits.
March 21, 1975	The Respondent files preliminary objections to jurisdiction and a counter-memorial on the merits.
April 17, 1975	The Tribunal issues Procedural Order No. 1 concerning procedural matters and the procedural calendar.
June 3, 1975	The Tribunal issues a Procedural Order No. 2 concerning the procedural calendar.
July 7, 1975	The Claimant files a counter-memorial on jurisdiction and a reply on the merits.
July 8, 1975	Following the passing away of arbitrator Edouard Zellweger (Swiss), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
August 7, 1975	Following the passing away of arbitrator Edouard Zellweger, Jacques-Michel Grossen (Swiss) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1).
August 7, 1975	The Tribunal is reconstituted. Its members are: André Panchaud (Swiss), President, appointed by agreement of the parties; Jacques-Michel Grossen (Swiss), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Dominique Poncet (Swiss) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
September 10, 1975	The Tribunal issues Procedural Order No. 3 concerning the procedural calendar.
October 14, 1975	The Respondent files a reply on jurisdiction and a rejoinder on the merits.
November 19, 1975	The Tribunal issues Procedural Order No. 4 concerning procedural matters and the procedural calendar.
December 20, 1975	The Claimant files a rejoinder on jurisdiction.
January 14, 1976 - January 16, 1976	The Tribunal holds a hearing on jurisdiction and the merits in Geneva.
March 11, 1976	Following the passing away of arbitrator André Panchaud (Swiss), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
April 28, 1976	The Tribunal is reconstituted. Its members are: Pierre Cavin (Swiss), President, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1); Jacques-Michel Grossen (Swiss), appointed by the Claimant; and Dominique Poncet (Swiss) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
April 28, 1976	Following the passing away of arbitrator André Panchaud, Pierre Cavin (Swiss) accepts his appointment as President of the Tribunal, appointed by agreement of the parties in accordance with ICSID Arbitration Rule 11(1).
November 29, 1976 - November 30, 1976	The Tribunal holds a further hearing on jurisdiction and the merits in Geneva.
May 5, 1977	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
August 29, 1977	The Tribunal renders its award.