Case Details

Tanzania Electric Supply Company Limited v. Independent Power Tanzania Limited (ICSID Case No. ARB/98/8)

Subject of Dispute:

Power purchase agreement
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Tanzania Electric Supply Company Limited (Tanzanian)
Respondent(s):

Independent Power Tanzania Limited (Tanzanian)
Date Registered:

December 7, 1998
Date of Constitution of Tribunal:

March 24, 1999

Composition of Tribunal

President:

Kenneth S. ROKISON (British) - Appointed by Co-Arbitrators
Arbitrators:

Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
Andrew ROGERS (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Hunton & Williams, Washington, D.C., U.S.A.
Respondent(s):

Nixon Peabody, New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 12, 2001 - The Tribunal renders the award.

(b) Interpretation Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 3, 2008 (Respondent(s))
Date of Constitution of Tribunal:

July 18, 2008

Composition of Tribunal

President:

Kenneth S. ROKISON (British) - Appointed by Co-Arbitrators
Arbitrators:

Makhdoom Ali KHAN (Pakistani) - Appointed by the Claimant(s)
Andrew ROGERS (Australian) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Kenneth S. ROKISON (British)
Arbitrators:

Charles N. BROWER (U.S.)
Andrew ROGERS (Australian)
Reconstituted:

April 23, 2010: Makhdoom Ali KHAN (Pakistani) appointed following the resignation of Charles N. BROWER (U.S.)

Party Representatives

Claimant(s):

Hunton & Williams, Washington, D.C., U.S.A.
Respondent(s):

Nixon Peabody, New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 19, 2010 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(a) Original Proceeding

Published Decisions

Award of July 12, 2001; 8 ICSID Rep. 226 (2005).

Decision on the Respondent's Request for Provisional Measures (Appendix A to the Award)

Decision on Preliminary Issues (Appendix B to the Award)

Decision on Tariff and Other Remaining Issues (Appendix C to the Award)

Decision on All Further Remaining Issues (Appendix D to the Award)

Stipulation Regarding Disputes Concerning the Construction Contingency Account (Appendix E to the Award)

Stipulation and Agreement (Appendix F to the Award)

Available on the ICSID Website

Award of the Tribunal (July 12, 2001) English (Original)

Decision on the Respondent's Request for Provisional Measures (Appendix A to the Award) (December 20, 1999) English (Original)

Decision on Preliminary Issues (Appendix B to the Award) (May 22, 2000) English (Original)

Decision on Tariff and Other Remaining Issues (Appendix C to the Award) (February 9, 2001) English (Original)

Decision on All Further Remaining Issues (Appendix D to the Award) (May 24, 2001) English (Original)

Stipulation Regarding Disputes Concerning the Construction Contingency Account (Appendix E to the Award) () English (Original)

Stipulation and Agreement (Appendix F to the Award) () English (Original)

(a) Original Proceeding

Date	Development
December 7, 1998	The Secretary-General registers a request for the institution of arbitration proceedings.
March 24, 1999	The Tribunal is constituted. Its members are: Kenneth S. Rokison (British), President; Charles N. Brower (U.S.); and Andrew Rogers (Australian).
May 11, 1999	The Claimant files a request for provisional measures.
June 14, 1999	The Tribunal holds a first session in London.
June 28, 1999	The Respondent files a request for provisional measures.
July 12, 1999	The Claimant files a reply to the Respondent's observations on the Claimant's request for provisional measures.
August 27, 1999	The Claimant files observations on the Respondent's request for provisional measures.
September 15, 1999	The Respondent files a reply to the Claimant's observations on the Respondent's request for provisional measures.
October 18, 1999 - October 19, 1999	The Tribunal holds a hearing on the parties' requests for provisional measures.
November 19, 1999	The Tribunal issues a decision on the Respondent's request for provisional measures.
January 26, 2000	The Claimant files submissions on preliminary issues and a memorial on the merits. On the same day, the Respondent files submissions on preliminary matters.
March 13, 2000 - March 16, 2000	The Tribunal holds a hearing in London.
April 20, 2000	The parties file post-hearing briefs on preliminary issues. On the same day, the Respondent files a counter-memorial on the merits.
May 22, 2000	The Tribunal issues a decision on preliminary issues.
May 26, 2000	The Claimant files a reply on the merits.
June 29, 2000	The Respondent files a rejoinder on the merits.
July 20, 2000 - July 26, 2000	The Tribunal holds a hearing in London.
September 12, 2000	The parties file post-hearing briefs.
February 9, 2001	The Tribunal issues a decision on tariff and other remaining issues.
March 26, 2001	The Claimant files a memorial regarding remaining tariff issues.
April 2, 2001	The Respondent files a counter-memorial regarding remaining tariff issues.
April 17, 2001	The Claimant files a reply regarding remaining tariff issues.
April 20, 2001	The Respondent files a rejoinder regarding remaining tariff issues.
April 29, 2001	The Tribunal holds a hearing in Washington, D.C.
May 24, 2001	The Tribunal issues a decision on all further remaining issues.
July 12, 2001	The Tribunal renders the award.

(b) Interpretation Proceeding

Date	Development
July 3, 2008	The Acting Secretary-General registers an application for the interpretation of the award rendered on July 12, 2001.
July 18, 2008	The Tribunal is reconstituted. Its members are: Kenneth S. Rokison (British), President; Charles N. Brower (U.S.); and Andrew Rogers (Australian).
September 29, 2008	Tanzania Electric Supply Company Limited files a request for production of documents.
September 30, 2008	The Tribunal holds a first session in Washington, D.C.
October 10, 2008	Independent Power Tanzania Limited files a observations on the Claimant's request for production of documents.
October 15, 2008	Tanzania Electric Supply Company Limited reiterates its request for production of documents.
October 17, 2008	The Tribunal holds a telephone conference with the parties concerning the production of documents.
October 22, 2008	The Tribunal issues a procedural order concerning production of documents.
November 14, 2008	Tanzania Electric Supply Company Limited files a memorial on jurisdiction.
December 4, 2008	Independent Power Tanzania Limited files a reply on jurisdiction.
December 11, 2008	Tanzania Electric Supply Company Limited files a rejoinder on jurisdiction.
December 16, 2008	The Tribunal holds a hearing on jurisdiction in London and, pursuant to the parties' agreement, issues a procedural order concerning the suspension of the proceeding.
March 28, 2009	The proceeding is further suspended, pursuant to the parties' agreement.
April 16, 2009	The suspension of the proceeding is further extended, pursuant to the parties' agreement.
January 22, 2010	Tanzania Electric Supply Company Limited files a proposal for the disqualification of an arbitrator; the proceeding is further suspended.
February 4, 2010	The arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
March 12, 2010	Following the resignation of Charles N. Brower, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is further suspended pursuant to ICSID Arbitration Rule 10(2).
April 23, 2010	The Tribunal is reconstituted. Its members are: Kenneth S. Rokison (British), President, Makhdoom Ali Khan (Pakistani) and Andrew Rogers (Australian).
June 25, 2010	Tanzania Electric Supply Company Limited files a proposal for the disqualification of an arbitrator; the proceeding is suspended.
July 7, 2010	Independent Power Tanzania Limited requests the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
July 13, 2010	Tanzania Electric Supply Company Limited informs the Centre that it does not object to the request for the discontinuance of the proceeding of July 7, 2010.
August 19, 2010	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.