Case Details

Macro Trading Co., Ltd. v. People's Republic of China (ICSID Case No. ARB/20/22)

Subject of Dispute:

Real estate project
Economic Sector:

Construction
Instrument(s) Invoked:

BIT China - Japan 1988
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Macro Trading Co., Ltd. (Japanese)
Respondent(s):

People’s Republic of China (Chinese)
Date Registered:

June 29, 2020
Date of Constitution of Tribunal:

November 16, 2020

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by Co-Arbitrators
Arbitrators:

Miriam SAPIRO (U.S.) - Appointed by the Claimant(s)
Rolf KNIEPER (German) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by Co-Arbitrators
Arbitrators:

Miriam SAPIRO (U.S.) - Appointed by the Claimant(s)
Peter TOMKA (Slovak) - Appointed by the Respondent(s)
Reconstituted:

March 22, 2021: Rolf KNIEPER (German) appointed following the resignation of Peter TOMKA (Slovak)

Party Representatives

Claimant(s):

S. Amemori, Fukuoka, Japan
C. Christian Jacobson, Fukuoka, Japan
Respondent(s):

Ministry of Commerce, People’s Republic of China
King & Wood Mallesons, Beijing, People’s Republic of China and London, U.K.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 10, 2021 -
The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

No References Available.

(a) Original Proceeding

Date	Development
June 29, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
August 14, 2020	Following appointment by the Claimant, Miriam Sapiro (U.S.) accepts her appointment as arbitrator.
August 17, 2020	Following appointment by the Respondent, Peter Tomka (Slovak) accepts his appointment as arbitrator.
November 16, 2020	Following appointment by her co-arbitrators, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
November 16, 2020	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by her co-arbitrators; Miriam Sapiro (U.S.), appointed by the Claimant; and Peter Tomka (Slovak), appointed by the Respondent.
December 15, 2020	The Tribunal holds a first session by video conference.
January 7, 2021	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
January 7, 2021	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
February 6, 2021	The Tribunal consents to the resignation of arbitrator Peter Tomka (Slovak) pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
February 6, 2021	Following the resignation of arbitrator Peter Tomka (Slovak), the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
March 19, 2021	Following appointment by the Respondent, Rolf Knieper (German) accepts his appointment as arbitrator.
March 22, 2021	The Tribunal is reconstituted. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by her co-arbitrators; Miriam Sapiro (U.S.), appointed by the Claimant; and Rolf Knieper (German), appointed by the Respondent.
August 4, 2021	The Secretary-General moves that the Tribunal discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
September 10, 2021	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).