Case Details

Raymond Charles Eyre and Montrose Developments (Private) Limited v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/16/25)

Subject of Dispute:

Hotel development project
Economic Sector:

Tourism
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):

Raymond Charles Eyre (British), Montrose Developments (Private) Limited (Sri Lankan)
Respondent(s):

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

August 4, 2016
Date of Constitution of Tribunal:

March 6, 2017

Composition of Tribunal

President:

Lucy REED (U.S.) - Appointed by the Parties
Arbitrators:

Julian D.M. LEW (British) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Bird & Bird, London, U.K.
Christopher Harris, Cameron Miles, 3 Verulam Building, London, U.K.
Dr. Harsha Cabral PC, Colombo, Sri Lanka
Respondent(s):

Attorney General’s Office, Colombo, Sri Lanka
Clyde & Co, London, U.K.
Ricky Diwan, Essex Court Chambers, London, U.K.
Allen & Gledhill, Singapore
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 5, 2020 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

May 6, 2020 (Claimant(s))
Date of Constitution of ad hoc Committee:

June 2, 2020

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Eduardo ZULETA (Colombian)
Members:

Nudrat PIRACHA (Pakistani)
Giorgio SACERDOTI (Italian)

Party Representatives

Claimant(s):

Christopher Harris, Cameron Miles, 3 Verulam Buildings, London, U.K.
Bird & Bird, London, U.K.
Respondent(s):

Clyde & Co., London, U.K.
Ricky Diwan, Essex Court Chambers, London, U.K.
Attorney General’s Office, Colombo, Sri Lanka
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 2, 2020 - The ad hoc Committee issues its decision on annulment.

(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

Procedural Order No. 6

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (June 1, 2017) English (Original)

Procedural Order No. 2 (February 21, 2018) English (Original)

Procedural Order No. 3 (May 30, 2018) English (Original)

Procedural Order No. 4 (September 24, 2018) English (Original)

Procedural Order No. 5 (October 2, 2018) English (Original)

Procedural Order No. 6 (February 6, 2019) English (Original)

Award of the Tribunal (March 5, 2020) English (Original)

(b) Annulment Proceeding

Published Decisions

Excerpts of the Decision on Annulment

Available on the ICSID Website

Excerpts of the Decision on Annulment (December 2, 2020) English (Original)

(a) Original Proceeding

Date	Development
August 4, 2016	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
January 18, 2017	Following appointment by the Claimant, Julian Lew (U.K.) accepts his appointment as arbitrator.
February 8, 2017	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
March 5, 2017	Following appointment by agreement of the parties, Lucy Reed (U.S.) accepts her appointment as presiding arbitrator.
March 6, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Lucy Reed (U.S.), President, appointed by agreement of the parties; Julian Lew (British), appointed by the Claimants; and Brigitte Stern (French), appointed by the Respondent.
May 1, 2017	The Tribunal holds a first session by telephone conference.
June 1, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
August 11, 2017	The Claimants file a memorial on the merits.
December 8, 2017	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
December 8, 2017	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41(1).
December 29, 2017	The Claimants file observations on the request to address the objections to jurisdiction as a preliminary question.
January 10, 2018	The Respondent files a response to the Claimants’ observations of December 29, 2017.
February 21, 2018	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.
April 25, 2018	The Claimants file a counter-memorial on jurisdiction.
May 23, 2018	The Respondent files a request for the Tribunal to decide on production of documents.
May 25, 2018	The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
May 30, 2018	The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 18, 2018	The Respondent files a reply on jurisdiction.
July 31, 2018	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
August 1, 2018	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
August 9, 2018	The proceeding is resumed following payment of the required advances.
September 6, 2018	The Claimants file a rejoinder on jurisdiction.
September 24, 2018	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
September 28, 2018	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 2, 2018	The Tribunal issues Procedural Order No. 5 concerning organization of the hearing.
October 17, 2018 - October 19, 2018	The Tribunal holds hearing on jurisdiction in London.
December 7, 2018	Each party files a post-hearing brief.
February 6, 2019	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
March 5, 2020	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
May 6, 2020	The Secretary-General registers an application for annulment of the award filed by Raymond Charles Eyre and Montrose Developments (Private) Limited and notifies the parties of the provisional stay of enforcement of the award.
June 2, 2020	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President; Nudrat E. Piracha (Pakistani); and Giorgio Sacerdoti (Italian); all members appointed by the Chairman of the Administrative Council.
June 15, 2020	Raymond Charles Eyre and Montrose Developments (Private) Limited file a request to continue the stay of enforcement of the award.
June 25, 2020	The Democratic Socialist Republic of Sri Lanka files observations on Raymond Charles Eyre and Montrose Developments (Private) Limited’s request to continue the stay of enforcement of the award.
June 25, 2020	The Democratic Socialist Republic of Sri Lanka files a counter-memorial on annulment.
June 30, 2020	Raymond Charles Eyre and Montrose Developments (Private) Limited file a response to the Democratic Socialist Republic of Sri Lanka’s observations of June 25, 2020.
July 3, 2020	The Democratic Socialist Republic of Sri Lanka files further observations on Raymond Charles Eyre and Montrose Developments (Private) Limited’s request to continue the stay of enforcement of the award.
July 15, 2020	The ad hoc Committee holds a first session by video conference.
July 16, 2020	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
July 16, 2020	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
August 21, 2020	Raymond Charles Eyre and Montrose Developments (Private) Limited file a reply on annulment.
September 16, 2020	The Democratic Socialist Republic of Sri Lanka files a rejoinder on annulment.
October 12, 2020 - October 13, 2020	The ad hoc Committee holds a hearing on annulment by video conference.
October 30, 2020	Each party files a statement of costs.
December 2, 2020	The ad hoc Committee issues its decision on annulment.