Case Details

Agility Public Warehousing Company K.S.C. v. Republic of Iraq (ICSID Case No. ARB/17/7)

Subject of Dispute:

Telecommunications enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Iraq - Kuwait 2013
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Agility Public Warehousing Company K.S.C. (Kuwaiti)
Respondent(s):

Republic of Iraq (Iraqi)
Date Registered:

February 24, 2017
Date of Constitution of Tribunal:

December 20, 2017

Composition of Tribunal

President:

Cavinder BULL (Singaporean) - Appointed by the Chairman of the Administrative Council
Arbitrators:

John BEECHEY (British) - Appointed by the Claimant(s)
Sean MURPHY (U.S.) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Gibson, Dunn & Crutcher, London, U.K. and New York, NY, U.S.A.
White & Case, Washington, D.C., U.S.A. and Paris, France
Meysan Partners, Safat, Kuwait
Respondent(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 22, 2021 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

June 4, 2021 (Claimant(s))
Date of Constitution of ad hoc Committee:

September 22, 2021

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

President:

Ricardo RAMÍREZ HERNÁNDEZ (Mexican)
Members:

Hi-Taek SHIN (Korean)
Jacomijn J. VAN HAERSOLTE-VAN HOF (Dutch)

Party Representatives

Claimant(s):

Skadden, Arps, Slate, Meagher & Flom, New York, NY, U.S.A. and London, U.K.
Meysan Partners, Safat, Kuwait
Respondent(s):

Debevoise & Plimpton, New York, NY, U.S.A.
Ministry of Justice, Baghdad, Iraq
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 8, 2024 - The ad hoc Committee issues its decision on annulment; attached to the decision is a partial dissent by ad hoc Committee member Jacomijn van Haersolte-van Hof.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction (English;)

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
February 24, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
May 1, 2017	Following appointment by the Claimant, John Beechey (British) accepts his appointment as arbitrator.
July 1, 2017	Following appointment by the Respondent, Sean Murphy (U.S.) accepts his appointment as arbitrator.
December 20, 2017	Following appointment by the Chairman of the Administrative Council, Cavinder Bull (Singaporean) accepts his appointment as presiding arbitrator.
December 20, 2017	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Cavinder Bull (Singaporean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; John Beechey (British), appointed by the Claimant; and Sean Murphy (U.S.), appointed by the Respondent.
January 31, 2018	The Tribunal holds a first session by telephone conference.
February 14, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 30, 2018	The Claimant files a memorial on the merits.
August 6, 2018	The Respondent files a memorial on jurisdiction, including a request to address the objections to jurisdiction as a preliminary question.
September 17, 2018	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
October 11, 2018	The Tribunal holds a hearing on the Respondent’s request to address the objections to jurisdiction as a preliminary question in London.
October 31, 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.
January 10, 2019	The Claimant files a counter-memorial on jurisdiction.
February 25, 2019	The Respondent files a reply on jurisdiction.
March 22, 2019	The Claimant files a rejoinder on jurisdiction.
April 1, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
April 9, 2019	The Tribunal issues Procedural Order No. 3 concerning organization of the hearing.
April 24, 2019 - April 25, 2019	The Tribunal holds a hearing on jurisdiction in London.
May 20, 2019	Each party files a submission on costs.
July 9, 2019	The Tribunal issues a decision on jurisdiction.
September 2, 2019	The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.
December 26, 2019	The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.
February 20, 2020	The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.
March 13, 2020	The Respondent files a counter-memorial on the merits.
March 30, 2020	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
May 6, 2020	The Tribunal issues Procedural Order No. 8 concerning production of documents.
May 18, 2020	The Tribunal issues Procedural Order No. 9 concerning the confidentiality of documents.
June 22, 2020	The Tribunal issues Procedural Order No. 10 concerning the confidentiality of documents.
July 18, 2020	The Claimant files a reply on the merits.
July 21, 2020	The Tribunal issues Procedural Order No. 11 concerning procedural matters.
September 23, 2020	The Respondent files a rejoinder on the merits.
September 28, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
October 2, 2020	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
October 12, 2020 - October 16, 2020	The Tribunal holds a hearing on the merits by video conference.
November 18, 2020	Each party files a post-hearing brief.
January 4, 2021	Each party files a statement of costs.
January 22, 2021	Each party files a submission on interest.
February 3, 2021	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 22, 2021	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
June 4, 2021	The Secretary-General registers an application for annulment of the award filed by Agility Public Warehousing Company K.S.C.P.
September 22, 2021	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Ricardo Ramírez (Mexican), President; Hi-Taek Shin (Korean); and Jacomijn van Haersolte-van Hof (Dutch); all members appointed by the Chairman of the Administrative Council.
November 22, 2021	The ad hoc Committee holds a first session by video conference.
November 24, 2021	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
December 22, 2021	Agility Public Warehousing Company K.S.C.P. files a memorial on annulment.
April 22, 2022	The Republic of Iraq files a counter-memorial on annulment.
July 1, 2022	Agility Public Warehousing Company K.S.C.P. files a reply on annulment.
September 9, 2022	The Republic of Iraq files a rejoinder on annulment.
October 13, 2022	The ad hoc Committee holds a pre-hearing organizational meeting by video conference.
October 17, 2022	The ad hoc Committee issues Procedural Order No. 2 concerning hearing organization.
November 15, 2022 - November 16, 2022	The ad hoc Committee holds a hearing on annulment in London.
December 1, 2023	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
December 11, 2023	Each party files a statement of costs.
February 8, 2024	The ad hoc Committee issues its decision on annulment; attached to the decision is a partial dissent by ad hoc Committee member Jacomijn van Haersolte-van Hof.