Case Details

LTME Mauritius Limited and Madamobil Holdings Mauritius Limited v. Republic of Madagascar (ICSID Case No. ARB/17/28)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Madagascar - Mauritius 2004 - Investment Law - Madagascar (2008)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Madamobil Holdings Mauritius Limited (Mauritian), LTME Mauritius Limited (Mauritian)
Respondent(s):

Republic of Madagascar (Malagasy)
Date Registered:

August 9, 2017
Date of Constitution of Tribunal:

June 22, 2018

Composition of Tribunal

President:

David A.O. EDWARD (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Fernando MANTILLA-SERRANO (Colombian) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King and Spalding, Paris, France
Respondent(s):

CDE Avocat, Paris, France
Language(s) of Proceeding:

English,French
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 29, 2023 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Fernando Mantilla-Serrano.

No References Available.

(a) Original Proceeding

Date	Development
August 9, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
November 14, 2017	Following appointment by the Claimants, Fernando Mantilla-Serrano (Colombian) accepts his appointment as arbitrator.
December 8, 2017	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
May 14, 2018	The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
June 22, 2018	Following appointment by the Chairman of the Administrative Council, David A.O. Edward (British) accepts his appointment as presiding arbitrator.
June 22, 2018	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: David A.O. Edward (British), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Fernando Mantilla-Serrano (Colombian), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
September 21, 2018	The Tribunal holds a first session by telephone conference.
October 30, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 12, 2018	The Claimants file a memorial on the merits.
January 25, 2019	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
February 11, 2019	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
March 13, 2019	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result the proceeding on the merits is suspended.
July 11, 2019	The Respondent files a memorial on jurisdiction.
November 8, 2019	The Claimants file a counter-memorial on jurisdiction.
January 16, 2020	The Respondent files a reply on jurisdiction.
March 20, 2020	The Claimants file a rejoinder on jurisdiction.
May 20, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
June 11, 2021	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
June 14, 2021 - June 15, 2021	The Tribunal holds a hearing on the jurisdiction by video conference.
May 1, 2023	The Claimants file a submission on costs.
May 15, 2023	The Respondent files a submission on costs.
August 29, 2023	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Fernando Mantilla-Serrano.