Case Details
Churchill Mining Plc and Planet Mining Pty Ltd, formerly ARB/12/14 v. Republic of Indonesia (ICSID Case No. ARB/12/14 and 12/40)
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Coal mining project
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Oil, Gas & Mining
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BIT Australia - Indonesia 1992, BIT Indonesia - United Kingdom of Great Britain and Northern Ireland 1976
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ICSID Convention - Arbitration Rules
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Churchill Mining Plc (British), Planet Mining Pty Ltd (Australian)
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Republic of Indonesia (Indonesian)
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June 22, 2012
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October 3, 2012
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Gabrielle KAUFMANN-KOHLER (Swiss)
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Clifford Chance, Perth, Australia, Hong Kong SAR, China, Singapore, Singapore, and London, U.K.
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Armand Yapsunto Muharamsyah & Partners (AYMP), Jakarta, Indonesia
Curtis, Mallet-Prevost, Colt & Mosle, Washington, D.C., U.S.A.
Minister of Law and Human Rights, Jakarta, Indonesia
Didi Dermawan, Jakarta, Indonesia -
English
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Concluded
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December 6, 2016 - The Tribunal renders its award.
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Claimant(s)
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April 11, 2017 (Claimant(s))
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May 15, 2017
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Dominique HASCHER (French)
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Clifford Chance, Perth, Australia, London, U.K., Hong Kong, and Washington, D.C., U.S.A.
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Curtis, Mallet-Prevost, Colt & MosIe, Washington, D.C., U.S.A.
Hendra Soenardi Law Firm, Jakarta, Indonesia
Ministry of Law and Human Rights, Jakarta, Indonesia
Armand Yapsunto Muharamsyah & Partners, Jakarta, Indonesia -
Concluded
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March 18, 2019 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Published Decisions
Procedural Order No. 1
Procedural Order No. 2
Procedural Order No. 3
Procedural Order No. 4
Procedural Order No. 5
Annex A to Procedural Order No. 5
Procedural Order No. 6
Procedural Order No. 7
Decision on Jurisdiction
Procedural Order No. 8
Procedural Order No. 9
Procedural Order No. 10
Procedural Order No. 11
Procedural Order No. 12
Procedural Order No. 13
Procedural Order No. 14
Procedural Order No. 15
Procedural Order No. 16
Annex A to Procedural Order No. 16
Annex B to Procedural Order No. 16
Annex C to Procedural Order No. 16
Procedural Order No. 17
Annex A to Procedural Order No. 17
Procedural Order No. 18
Annex A to Procedural Order No. 18
Procedural Order No. 19
Procedural Order No. 20
Award
Available on the ICSID Website
Procedural Order No. 1 (December 6, 2012) English (Original)
Procedural Order No. 2 (February 5, 2013) English (Original)
Procedural Order No. 3 (March 4, 2013) English (Original)
Procedural Order No. 4 (March 18, 2013) English (Original)
Procedural Order No. 5 (March 19, 2013) English (Original)
Annex A to Procedural Order No. 5 (March 19, 2013) English (Original)
Procedural Order No. 6 (May 8, 2013) English (Original)
Procedural Order No. 7 (May 28, 2013) English (Original)
Decision on Jurisdiction (February 24, 2014) English (Original)
Procedural Order No. 8 (April 22, 2014) English (Original)
Procedural Order No. 9 (July 8, 2014) English (Original)
Procedural Order No. 10 (July 22, 2014) English (Original)
Procedural Order No. 11 (August 21, 2014) English (Original)
Procedural Order No. 12 (October 27, 2014) English (Original)
Procedural Order No. 13 (November 18, 2014) English (Original)
Procedural Order No. 14 (December 22, 2014) English (Original)
Procedural Order No. 15 (January 12, 2015) English (Original)
Procedural Order No. 16 (April 6, 2015) English (Original)
Annex A to Procedural Order No. 16 (April 6, 2015) English (Original)
Annex B to Procedural Order No. 16 (April 6, 2015) English (Original)
Annex C to Procedural Order No. 16 (April 6, 2015) English (Original)
Procedural Order No. 17 (June 2, 2015) English (Original)
Annex A to Procedural Order No. 17 (June 2, 2015) English (Original)
Procedural Order No. 18 (July 6, 2015) English (Original)
Annex A to Procedural Order No. 18 (July 6, 2015) English (Original)
Procedural Order No. 19 (July 20, 2015) English (Original)
Procedural Order No. 20 (August 20, 2015) English (Original)
Award (December 6, 2016) English (Original)
(b) Annulment Proceeding
Published Decisions
Decision on the Request for Continued Stay of the Enforcement of the Award
Procedural Order No. 1
Procedural Order No. 2
Decision on the Application to Terminate the Stay
Decision on Annulment
Available on the ICSID Website
Decision on the Request for Continued Stay of the Enforcement of the Award (June 27, 2017) English (Original)
Procedural Order No. 1 (July 14, 2017) English (Original)
Procedural Order No. 2 (June 19, 2018) English (Original)
Decision on the Application to Terminate the Stay (March 18, 2019) English (Original)
Decision on Annulment (March 18, 2019) English (Original)
(a) Original Proceeding
Date | Development |
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June 22, 2012 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 19, 2012 | Following appointment by the Claimant, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator. |
September 21, 2012 | Following appointment by the Respondent, Michael Hwang (Singaporean) accepts his appointment as arbitrator. |
October 3, 2012 | Following appointment by the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator. 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; Albert Jan van den Berg (Dutch), appointed by the Claimant; and Michael Hwang (Singaporean), appointed by the Respondent. |
November 20, 2012 | The Government of the Regency of East Kutai files a petition with the Tribunal to participate in the proceeding as a party. |
November 22, 2012 | The Respondent files observations on the petition filed on November 20, 2012. |
November 22, 2012 | The Respondent files a request for the Tribunal to decide on production of documents, and files a request for provisional measures. |
November 26, 2012 | The Claimant files observations on the petition filed on November 20, 2012, and files observations on the Respondent’s request for the Tribunal to decide on production of documents. |
November 27, 2012 | The Tribunal holds a first session by video conference. |
December 6, 2012 | The Tribunal issues Procedural Order No. 1 concerning procedural matters and production of documents. |
December 17, 2012 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents, and files observations on the Respondent’s request for provisional measures. |
January 7, 2013 | The Respondent files a response to the Claimant's observations of December 17, 2012. |
January 21, 2013 | The Claimant files further observations on the request for provisional measures. |
February 5, 2013 | The Tribunal issues Procedural Order No. 2 concerning the petition of the Government of the Regency of East Kutai of November 20, 2012. |
March 1, 2013 | The Tribunal holds a joint session on procedural matters in ICSID Case No. ARB/12/14 and ICSID Case No. ARB/12/40 by video conference. |
March 4, 2013 | The Tribunal issues Procedural Order No. 3 concerning provisional measures. |
March 13, 2013 | The Claimants file a memorial on jurisdiction and the merits. |
March 14, 2013 | The Respondent files a request for the Tribunal to decide on production of documents. |
March 18, 2013 | The Tribunal issues Procedural Order No. 4 concerning procedural matters. |
March 19, 2013 | The Tribunal issues Procedural Order No. 5 concerning production of documents. |
April 8, 2013 | The Respondent files a counter-memorial on jurisdiction. |
April 30, 2013 | The Claimants file a reply on jurisdiction. |
May 6, 2013 | The Respondent files a rejoinder on jurisdiction. |
May 8, 2013 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing on jurisdiction. |
May 9, 2013 | The Claimants file a supplemental memorial on the merits. |
May 13, 2013 - May 14, 2013 | The Tribunal holds a hearing on jurisdiction in Singapore. |
May 28, 2013 | The Tribunal issues Procedural Order No. 7 concerning procedural matters. |
June 11, 2013 | Each party files a statement of costs. |
July 22, 2013 | The Tribunal poses questions to the parties. |
August 23, 2013 | Each party files answers to the questions posed by the Tribunal on July 22, 2013. |
August 30, 2013 | Each party files observations on the other party’s answers of August 23, 2013. |
February 24, 2014 | The Tribunal issues two decisions on jurisdiction. |
March 27, 2014 | The Claimants file a request for provisional measures. |
April 22, 2014 | The Tribunal issues Procedural Order No. 8 concerning the procedural calendar. |
April 25, 2014 | The Respondent files observations on the Claimants' request for provisional measures. |
May 12, 2014 | The Claimants file a response to the Respondent's observations of April 25, 2014. |
May 16, 2014 | The Respondent files a request for production of original documents for inspection. |
May 27, 2014 | The Respondent files further observations on the Claimants' response of May 12, 2014. |
May 28, 2014 | The Claimants file observations on the Respondent's request for production of original documents for inspection. |
June 6, 2014 | The Respondent files a response to the Claimants' observations of May 28, 2014. |
June 18, 2014 | The Claimants file a second supplemental memorial on the merits. |
June 20, 2014 | The Claimants file further observations on the Respondent's response of June 6, 2014 and a request for production of original documents for inspection. |
July 8, 2014 | The Tribunal issues Procedural Order No. 9 concerning provisional measures. |
July 9, 2014 | The Respondent files a response to the Claimants' further observations and request of June 20, 2014. |
July 22, 2014 | The Tribunal issues Procedural Order No. 10 concerning the parties' requests for production of original documents for inspection. |
August 21, 2014 | The Tribunal issues Procedural Order No. 11 concerning the organization of the document inspection. |
August 29, 2014 | The parties conduct a document inspection in Singapore. |
September 2, 2014 | The Claimants file a request for provisional measures. |
September 15, 2014 | The Respondent files observations on the Claimants' request for provisional measures. |
September 25, 2014 | The Respondent files an application to dismiss the claims. |
September 26, 2014 | The Claimants file a response to the Respondent’s observations of September 15, 2014. |
October 6, 2014 | The Respondent files further observations on the Claimants’ response of September 26, 2014. |
October 21, 2014 | The Tribunal holds a hearing by telephone conference on provisional measures and on the procedure regarding the Respondent’s application to dismiss the claims. |
October 27, 2014 | The Tribunal issues Procedural Order No. 12 concerning the procedure regarding the Respondent’s application to dismiss the claims. |
November 3, 2014 | The Respondent files a request for the Tribunal to reconsider certain aspects of its Procedural Order No. 12. |
November 10, 2014 | The Claimants file observations on the Respondent’s request of November 3, 2014 |
November 18, 2014 | The Tribunal issues Procedural Order No. 13 concerning the Respondent’s request of November 3, 2014. |
November 23, 2014 | The Claimants file a request for the Tribunal to reconsider Procedural Order No. 13. |
December 1, 2014 | The Respondent files observations on the Claimants’ request of November 23, 2014. |
December 8, 2014 | The Claimants file a response to the Respondent’s observations of December 1, 2014. |
December 12, 2014 | The Respondent files further observations on the request of November 23, 2014. |
December 22, 2014 | The Tribunal issues Procedural Order No. 14 concerning provisional measures. |
January 12, 2015 | The Tribunal issues Procedural Order No. 15 concerning the Claimants’ request of November 23, 2014. |
March 11, 2015 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
March 13, 2015 | The Claimants file a request for the production of other evidence pursuant to Article 43 of the ICSID Convention. |
March 18, 2015 | The Claimants file observations on the Respondent’s request of March 11, 2015. |
March 20, 2015 | The Tribunal decides on the admissibility of new evidence. |
March 27, 2015 | The Respondent files observations on the Claimants’ request of March 13, 2015. |
March 30, 2015 | Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents and production of original documents for inspection. |
March 31, 2015 | Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents and production of original documents for inspection. |
April 3, 2015 | The Respondent files further observations on the Claimants’ request of March 13, 2015. |
April 6, 2015 | The Tribunal issues Procedural Order No. 16 concerning the parties’ requests for the Tribunal to decide on production of documents and production of original documents for inspection, and the organization of the document inspection. |
April 8, 2015 | The Claimants file a response to the Respondent’s observations of March 27, 2015 and April 3, 2015. |
April 10, 2015 | The Respondent files further observations on the Claimants’ response of April 8, 2015. |
April 16, 2015 - April 17, 2015 | The parties conduct a document inspection in Singapore. |
April 20, 2015 | The Respondent files a request for the Tribunal to decide on confidentiality of documents. The Respondent files a request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16. |
April 24, 2015 | The Claimants file observations on the Respondent’s requests of April 20, 2015. |
April 28, 2015 | The Respondent files a response to the Claimants’ observations of April 24, 2015 concerning the confidentiality of documents. |
April 30, 2015 | The Respondent files a response to the Claimants’ observations of April 24, 2015 concerning its request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16. |
May 4, 2015 | The Claimants file further observations on the Respondent’s response of April 28, 2015. |
May 4, 2015 | Each party submits a confidentiality agreement. |
May 12, 2015 | The Tribunal decides on the Respondent’s request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16. |
May 25, 2015 | Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents. |
May 29, 2015 | The Claimants file observations on the Respondent’s application of September 25, 2014. |
May 30, 2015 | The Respondent files observations on the document inspection of April 16-17, 2015. |
June 2, 2015 | The Tribunal issues Procedural Order No. 17 concerning production of documents. |
June 12, 2015 | The Claimants file observations on the document inspection of April 16-17, 2015. |
June 16, 2015 | The Respondent files a request for the Tribunal to preclude the Claimants from submitting certain documents. |
June 19, 2015 | The Claimants file observations on the Respondent’s request of June 16, 2015. |
June 22, 2015 | The Respondent files a response to the Claimants’ observations of June 19, 2015. |
July 1, 2015 | Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents. |
July 6, 2015 | The Tribunal issues Procedural Order No. 18 concerning production of documents. |
July 14, 2015 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
July 20, 2015 | The Tribunal issues Procedural Order No. 19 concerning the organization of the hearing. |
July 30, 2015 | The Claimants file a request for the exclusion of evidence. |
August 2, 2015 | The parties conduct a document inspection in Singapore. |
August 3, 2015 - August 10, 2015 | The Tribunal holds a hearing on document authenticity in Singapore. |
August 4, 2015 | The Respondent submits oral observations on the Claimants’ request of July 30, 2015 during the hearing. The Tribunal decides on the exclusion of evidence. |
August 20, 2015 | The Tribunal issues Procedural Order No. 20 concerning procedural matters. |
October 20, 2015 | Each party files a post-hearing brief. |
November 17, 2015 | Each party files a reply post-hearing brief. |
December 11, 2015 | Each party files a submission on costs. |
December 23, 2015 | Each party files observations on the other party’s submission on costs. |
September 9, 2016 | The Tribunal poses questions to the parties. |
September 23, 2016 | The Claimants file answers to the questions posed by the Tribunal on September 9, 2016. |
September 27, 2016 | The Respondent files answers to the questions posed by the Tribunal on September 9, 2016. |
October 11, 2016 | The Claimants file observations on the Respondent’s answers of September 27, 2016. The Respondent files observations on the Claimants’ answers of September 23, 2016. |
December 6, 2016 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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April 11, 2017 | The Secretary-General registers an application for annulment of the award filed by Churchill Mining Plc and Planet Mining Pty Ltd, and notifies the parties of the provisional stay of enforcement of the award. |
May 15, 2017 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dominique Hascher (French), President; Karl-Heinz Böckstiegel (German); and Jean Kalicki (U.S.); all members appointed by the Chairman of the Administrative Council. |
May 29, 2017 | Churchill Mining Plc and Planet Mining Pty Ltd file a request to continue the stay of enforcement of the award. |
June 12, 2017 | The Republic of Indonesia files observations on Churchill Mining Plc and Planet Mining Pty Ltd’s request to continue the stay of enforcement of the award. |
June 20, 2017 | The ad hoc Committee holds a first session and a hearing on stay of enforcement by telephone conference. The ad hoc Committee decides on the continuation of the stay of enforcement of the award. |
June 27, 2017 | The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award. |
July 14, 2017 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
October 20, 2017 | The Republic of Indonesia files a counter-memorial on annulment. |
February 15, 2018 | Churchill Mining Plc and Planet Mining Pty Ltd file a reply on annulment. |
April 10, 2018 | The Republic of Indonesia files a rejoinder on annulment. |
April 13, 2018 | The Republic of Indonesia files a request to terminate the stay of enforcement of the award. |
April 23, 2018 | Churchill Mining Plc and Planet Mining Pty Ltd file observations on the Republic of Indonesia’s request to terminate the stay of enforcement of the award. |
May 7, 2018 | The Republic of Indonesia files a response to Churchill Mining Plc and Planet Mining Pty Ltd’s observations of April 23, 2018. |
June 11, 2018 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
June 19, 2018 | The ad hoc Committee issues Procedural Order No. 2 concerning procedural matters. |
July 16, 2018 - July 17, 2018 | The ad hoc Committee holds a hearing on annulment in Singapore. |
August 31, 2018 | Each party files a submission on costs. |
March 5, 2019 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
March 18, 2019 | The ad hoc Committee issues its decision on annulment. |