Case Details

Asian Agricultural Products Limited v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/87/3)

Subject of Dispute:

Shrimp farming joint venture
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

BIT United Kingdom of Great Britain and Northern Ireland - Sri Lanka 1980
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Asian Agricultural Products Limited (British)
Respondent(s):

Democratic Socialist Republic of Sri Lanka (Sri Lankan)
Date Registered:

July 20, 1987
Date of Constitution of Tribunal:

January 5, 1988

Composition of Tribunal

President:

Ahmed Sadek EL-KOSHERI (Egyptian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Samuel K.B. ASANTE (Ghanaian) - Appointed by the Respondent(s)
Berthold GOLDMAN (French) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Heribert Golsong
Respondent(s):

M.S Aziz, Robert Hornick and Paul Friedland
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 27, 1990 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Samuel K.B. Asante.

(a) Original Proceeding

Published Decisions

Introductory Note

Award of the Tribunal

Award and Dissenting Opinion of June 27, 1990, 6 ICSID Rev.—FILJ 526 (1991); 30 ILM 577 (1991); 6 Int'l Arb. Rep., No. 5, at Sec. A (May 1991); 17 Y.B. Com. Arb. 106 (1992) (excerpts); 4 ICSID Rep. 246 (1997); French translation of English original in 119 Journal du droit international 217 (1992) (excerpts).

Available on the ICSID Website

Introductory Note (June 27, 1990)

Award of the Tribunal (June 27, 1990) English (Original)

Dissenting Opinion (Attached to the Award) (June 27, 1990) English (Original)

(a) Original Proceeding

Date	Development
July 20, 1987	The Secretary-General registers a request for the institution of arbitration proceedings.
October 8, 1987	Following appointment by the Claimant, Berthold Goldman (French) accepts his appointment as arbitrator.
October 28, 1987	Following appointment by the Respondent, Samuel K.B. Asante (Ghanaian) accepts his appointment as arbitrator.
December 11, 1987	The Claimant files a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
January 4, 1988	Following appointment by the Chairman of the Administrative Council, Ahmed Sedek El-Kosheri (Egyptian)accepts his appointment as presiding arbitrator.
January 5, 1988	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Ahmed Sedek El-Kosheri (Egyptian), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Berthold Goldman (French), appointed by the Claimant; and Samuel K.B. Asante (Ghanaian), appointed by the Respondent.
February 23, 1988	The Tribunal holds a first session in Washington, D.C.
April 13, 1988	The Claimant files a memorial on the merits.
June 18, 1988	The Respondent files a counter-memorial on the merits.
August 18, 1988	The Claimant files a reply on the merits.
October 20, 1988	The Respondent files a rejoinder on the merits.
March 6, 1989	The Tribunal issues a procedural order concerning admissibility of new evidence.
April 17, 1989 - April 20, 1989	The Tribunal holds a hearing on the merits in Washington, D.C.
May 22, 1989	Each party files a post-hearing brief.
May 29, 1989	Each party files a reply post-hearing brief.
May 30, 1989	Each party files a statement of costs.
June 27, 1989	The Tribunal poses questions to the parties.
September 15, 1989	Each party files answers to the questions posed by the Tribunal on June 27, 1989.
October 27, 1989	The Claimant files observations on the Respondent's answers of September 15, 1989.
December 26, 1989	The Tribunal poses further questions to the parties.
January 26, 1990	The Respondent files answers to the further questions posed by the Tribunal on December 26, 1989.
January 29, 1990	The Claimant files answers to the further questions posed by the Tribunal on December 26, 1989.
May 2, 1990	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 27, 1990	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Samuel K.B. Asante.