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    ICSID ANNUAL REPORT 2007 INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES


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    ICSID ANNUAL REPORT 2007 INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES


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    Contents Letter of Transmittal 1 ICSID Secretariat 2 Introduction 3 Membership Matters 4 Disputes Before the Centre 4 Panels of Conciliators and of Arbitrators 7 Publications 7 Conferences 8 Fortieth Annual Meeting of the Administrative Council 10 Finance 10 Annexes 1. List of Contracting States and Other Signatories of the Convention 11 2. Disputes Before the Centre 15 3. Panels of Conciliators and of Arbitrators 44 4. ICSID Documents and Publications 45 5. Resolutions Adopted by the Administrative Council 48 6. Report and Financial Statements 49


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    AL CE ION N AT TR N E R TE InternatIonal Centre for FO IN R IC SETTL UTES SI D settlement of Investment DIsputes SP EM DI EN T T OF EN INV ESTM September 28, 2007 Dear Mr. Chairman, Pursuant to Administrative and Financial Regulation 5(4), I am pleased to submit to the Administrative Council for its approval the Annual Report on the Operation of the International Centre for Settlement of Investment Disputes required by Article 6(1)(g) of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. This Annual Report covers the fiscal year July 1, 2006 to June 30, 2007. The Report includes the audited financial statements of the Centre, presented pursuant to Administrative and Financial Regulation 19. Sincerely yours, Ana Palacio Secretary-General Mr. Robert B. Zoellick Chairman Administrative Council International Centre for Settlement of Investment Disputes


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    seCretarIat of the InternatIonal Centre for settlement of Investment DIsputes June 30, 2007 Ana Palacio, Secretary-General LegAL stAff Gabriela Alvarez-Avila, Senior Counsel Gonzalo Flores, Senior Counsel Daria Goldstein, Senior Counsel Milanka Kostadinova, Senior Counsel Eloïse Obadia, Senior Counsel Ucheora Onwuamaegbu, Senior Counsel Claudia Frutos-Peterson, Counsel Martina Polasek, Counsel Mercedes Cordido-Freytes de Kurowski, Consultant Frauke Nitschke, Consultant Emilio Rodriguez-Larrain Miro-Quesada, Consultant Natalí Sequeira, Consultant Tomás Solis, Consultant Marat Umerov, Consultant PARALegAL stAff Mireigne Denis, Paralegal Sylvie Grégoire, Paralegal Michelle Salomon, Paralegal Budget And Accounting stAff Ginette Moïse-Luabeya, Administrative Assistant AdministRAtive And cLient suPPoRt stAff Alix Ahimon, Language Program Assistant Sonia C. Lee, Program Assistant Gloria Peralta, Language Program Assistant Malkiat Singh, Conference Assistant 2 ICSID


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    IntroDuCtIon In fiscal year 2007, the rapid expansion of the ICSID caseload continued unabated. With the registration of twenty-six new arbitration proceedings, the number of ICSID cases administered during the fiscal year reached a new record of one hundred and thirty. The growth of the caseload continued to be driven by treaty-based arbitration proceedings. At the end of the fiscal year, the number of the conciliation and arbitration cases registered with ICSID since its inception reached two hundred and thirty-six. In addition, ICSID provided administrative services in ten arbitration proceedings conducted under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) and in an expert determination proceeding conducted under the provisions of the Indus Waters Treaty 1960. ICSID’s membership increased to 144 Contracting States in the past year, following the ratification of the ICSID Convention by the Republic of Serbia. Other important membership developments included the signing of the ICSID Convention by Canada and the notice of denunciation received from the Republic of Bolivia. The Centre’s publication and knowledge dissemination program remained active during the year. Two issues of the ICSID Review—Foreign Investment Law Journal were completed in addition to five releases updating the Centre’s collections of Investment Laws of the World and Investment Treaties and two issues of ICSID’s newsletter, News from ICSID. In co-operation with other arbitration institutions and international organizations, ICSID organized and hosted two major conferences on international arbitration. Staff of the Centre participated as speakers and panelists in more than thirty conferences and educational events mostly in the field of investor-State arbitration. Fiscal year 2007 has been one of change for ICSID. To meet the challenges of the significantly increased workload, the new ICSID Secretary-General, Ana Palacio, has begun a process of reorganizing the staffing structure of the Secretariat. In May 2007, Ms. Palacio announced the appointment of Nassib G. Ziadé, at the time Executive Secretary of the World Bank Administrative Tribunal, as ICSID’s new Chief Counsel. A major area of emphasis of ICSID’s new management during fiscal year 2007 was the launching of an initiative to upgrade the technological means by which the Centre can achieve more efficient case management and knowledge dissemination in the field of investor-State dispute settlement. Details of the developments in the Centre’s activities in fiscal year 2007 are set forth below. ANNUAL REPORT 2007 3


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    membershIp matters The Republic of Serbia became the 144th ICSID Contracting State by completing the membership procedures in June 2007. In December 2006, the Convention was signed on behalf of Canada by its Ambassador to the United States. On May 2, 2007, the World Bank received a written notice of denunciation of the ICSID Convention from the Republic of Bolivia. In accordance with Article 75 of the ICSID Convention, the depositary (the World Bank) notified all ICSID signatory States of the Republic of Bolivia’s denunciation of the Convention. The denunciation will take effect six months after the receipt of the notice, i.e., on November 3, 2007. A complete list of Contracting States and other signatories of the ICSID Convention as at June 30, 2007 is provided in Annex 1. DIsputes before the Centre In the course of fiscal year 2007, the Centre registered twenty-six new arbitration proceedings resulting in a new record of one hundred and thirty cases administered by the Centre during a fiscal year.Ten percent of the cases administered were conducted under the Additional Facility Rules while the remaining ninety percent were ICSID Convention proceedings. One hundred and eight cases were pending before the Centre at the end of the fiscal year. The total number of cases registered with the Centre since its inception reached two hundred and thirty-six. Twenty-two of the new cases were instituted under the ICSID Convention and four proceedings under the Additional Facility Rules. Fifteen of the new cases were initiated on the basis of ICSID arbitration provisions contained in bilateral investment treaties. (In one of these proceedings, the claimant invoked alternatively an ICSID arbitration clause in an investment contract between the disputing parties.) Jurisdiction was based on investment contracts in seven further proceedings. In three of the new cases, investors sought to establish ICSID jurisdiction on the basis of the investor-State dispute settlement provisions of the Energy Charter Treaty. In another proceeding, the investment law of the host state was asserted as the basis for ICSID jurisdiction. In addition to the new cases, the Centre registered an application for the institution of annulment proceedings and in another case a request for rectification of an award. Both of these proceedings concern awards previously rendered by ICSID tribunals in the course of fiscal year 2007. 4 ICSID


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    Nineteen arbitration proceedings were concluded. Seventeen of these were original arbitration proceedings under the ICSID Convention and two were Additional Facility cases. Fourteen awards were rendered and five proceedings were discontinued following settlement reached by the parties. Arbitral tribunals declined ICSID jurisdiction in four of the awards rendered in the past year. Four awards rejected all claims on the merits. In five further proceedings, ICSID tribunals upheld the claims in whole or in part. One award embodied the parties’ settlement agreement. During the fiscal year, decisions were also issued in five proceedings concerning applications for post award remedies under the ICSID Convention. One decision was issued by an arbitral tribunal on an application by a party for the rectification of an award. In four other proceedings, ad hoc committees issued decisions on applications for annulment of awards. Three of these decisions rejected the respective applications for annulment, while one decision annulled the award previously rendered by an ICSID tribunal. One of these decisions also contained a Separate Opinion and Statement of Dissent by one of the ad hoc committee members. During the past year, arbitral tribunals issued a number of procedural orders and decisions. These included nine decisions upholding jurisdiction; a decision by an arbitral tribunal on liability; an order in response to a petition by third parties for participation as amici curiae; three orders concerning the confidentiality of the proceedings; an order on determination of damages; and a decision by an ad hoc committee on a request for stay of enforcement of an award previously rendered. About half of the one hundred and thirty cases administered by ICSID during the year involved countries from Latin and Central America, while twenty percent of the cases involved respondent States from the Eastern Europe and Central Asia region. Eleven percent of the cases involved countries located in sub-Saharan Africa. The remaining cases were, as in previous years, almost evenly divided among countries in North America, in the Middle East and North Africa and in East Asia and the Pacific. About half of the cases pending during the fiscal year concerned projects in the mining, power generation and public utility sectors of the economy. Twenty-seven hearings and twenty-three different sessions were held in the cases pending before ICSID in the course of fiscal year 2007. About one third of these sessions and hearings were held at the seat of the Centre in Washington, D.C., while the remainder took place at various other locations in North America, Europe and Latin America or by means of audio and video conferencing. ANNUAL REPORT 2007 5


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    During the year, arbitral tribunals were constituted or reconstituted in twenty-four cases pending before ICSID. An ad hoc committee was also constituted. Fifty individuals from twenty different countries were appointed to serve as arbitrators in ICSID proceedings. The parties or party-appointed arbitrators nominated sixty-nine percent of the total sixty-eight appointments made during the fiscal year, while thirty-one percent of the appointments were made by ICSID. The proceedings before the ICSID tribunals and ad hoc committees during the year were conducted in one of the three official languages of ICSID (English, French and Spanish) in seventy-one of the cases. In the remaining fifty-nine cases, two of the three languages were used, in different combinations, as procedural languages of the proceedings. In addition to the one hundred and thirty ICSID cases administered in the course of the fiscal year, the Centre has, at the request of the parties and tribunals concerned, agreed to provide administrative services to ten arbitration proceedings conducted under the UNCITRAL Arbitration Rules. The services furnished by ICSID for these proceedings ranged from limited assistance with the organization of hearings and fund-holding to full secretariat services in the administration of the respective proceeding. One of these UNCITRAL Rules proceedings was concluded with an award during the fiscal year. One of the UNCITRAL Rules proceedings concerned three separate disputes, instituted against the same State, which was heard by the same tribunal following the first consolidation order ever issued under the Investment Chapter of the North American Free Trade Agreement. During the year, ICSID’s Secretary-General has also been requested to act as appointing authority of arbitrators in UNCITRAL Rules proceedings. Furthermore, the Centre continued to provide administrative support to an expert determination proceeding under the provisions of the Indus Waters Treaty 1960.This proceeding was concluded in the course of the year with a decision of the appointed neutral expert. Details of significant procedural developments in each of the proceedings conducted under the ICSID Convention and the Additional Facility Rules pending before the Centre in the course of fiscal year 2007 are provided in Annex 2. 6 ICSID


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    panels of ConCIlIators anD of arbItrators Under the ICSID Convention, the Centre maintains a Panel of Conciliators and a Panel of Arbitrators. Pursuant to Article 13 of the Convention, each Contracting State may designate up to four persons to each Panel. Up to ten persons may be designated to each Panel by the Chairman of the Administrative Council. All designees serve for a renewable period of six years. The ICSID Panels provide a source from which parties to ICSID proceedings may select conciliators or arbitrators. Further, in the event that the Chairman of the ICSID Administrative Council is called upon to appoint conciliators, arbitrators or ad hoc committee members under Articles 30, 38 or 52 of the ICSID Convention, his appointees must be drawn from the Panels. In the course of the year, new designations to the ICSID Panels of Conciliators and of Arbitrators were made by eight Contracting States: Belgium, Democratic Republic of the Congo, Finland, Republic of Korea, New Zealand, Samoa, Spain and Sweden. Annex 3 provides a list of the designees appointed to the ICSID Panels during fiscal year 2007. With these new designations, the Panels comprise 512 persons as at June 30, 2007. A complete list of all Panel members is available on the ICSID website at http://www.worldbank.org/icsid. publICatIons During the past year, the Centre issued two new releases for its ten-volume loose-leaf collection Investment Laws of the World, which now comprises basic investment legislation of 133 countries from all major regions of the world. The two releases contained new or revised investment legislation passed by Botswana, Dominican Republic, Fiji, Kenya, Marshall Islands, Mauritania, Republic of Korea, Tonga, Vanuatu, and Vietnam. The releases also provided subscribers with contact information of the national governmental agency in charge of the promotion of foreign investment. The Centre’s second loose-leaf collection of Investment Treaties was expanded by three new releases during fiscal year 2007. These releases added some 60 treaties, concluded between 52 countries in the period of 1961-2005. The number of treaties included in the collection now stands at 1,140. ANNUAL REPORT 2007 7


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    During fiscal year 2007, two issues of the ICSID Review—Foreign Investment Law Journal were prepared for publication. The ICSID Review contains materials on international and domestic law relating to foreign investment and investment dispute settlement. The recent issues included articles on the legal concept of “legitimate expectations” of foreign investors; consolidation of investment arbitration proceedings; parallel litigation and foreign investment dispute settlement; and the most recent amendments to the ICSID Rules and Regulations, which came into effect on April 10, 2006. A number of recent decisions and awards rendered in ICSID proceedings were also reproduced together with introductory notes prepared by the Centre’s staff. Two issues of the Centre’s semi-annual newsletter, News from ICSID, were published during the past year. The issues discussed the recent amendments to the ICSID Rules and Regulations, and included articles on the consultation period requirement in investment treaties and on the Centre’s involvement in an expert determination process pursuant to the provisions of the Indus Waters Treaty. A list of ICSID documents and publications is provided in Annex 4 to this report. ConferenCes In the past fiscal year, ICSID hosted the 23rd in the series of colloquia on international arbitration, co-sponsored annually since 1983 by the American Arbitration Association (AAA), the International Court of Arbitration at the International Chamber of Commerce (ICC) and ICSID. The colloquium was held on November 17, 2006 in Washington, D.C. The sessions addressed recent developments at the three arbitration institutions; production of documents and other evidentiary issues; new challenges regarding confidentiality; and selected substantive issues arising from arbitration involving State parties. An interactive luncheon session enabled colloquium participants to debate current issues in international arbitration with an expert panel. ICSID also co-operated with the London Court of International Arbitration to organize a symposium on international arbitration in Washington, D.C, which was held on November 18, 2006. In addition, the Centre organized, together with the Energy Charter Secretariat (ECS) and the Arbitration Institute at the Stockholm Chamber of Commerce (SCC), a conference on investment protection and the Energy Charter Treaty, which was hosted by ICSID on 8 ICSID


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    May 18, 2007 in Washington, D.C. The panel sessions addressed the negotiations of the Energy Charter Treaty; the Energy Charter Treaty’s investment dispute resolution provisions; selected standards of treatment available under the Energy Charter Treaty; the interplay of the Energy Charter Treaty with other treaties; and potential future developments in the Energy Charter process. Members of the ICSID staff participated in several conferences and seminars during fiscal year 2007 on invitation by a government, several intergovernmental organizations, arbitration institutions, professional organizations and academic institutions. These events included a conference on international arbitration sponsored by the State Chancery of Latvia (held in September 2006 in Riga), a seminar organized by the International Development Law Organization (held in October 2006 by video conference), a seminar co-sponsored by the Asia-Pacific Economic Cooperation (APEC) and UNCTAD (held in October 2006 in Mexico City) and another UNCTAD seminar (held in May 2007 in Lima). ICSID also provided panelists to two arbitration conferences organized by the Ecuadorian-American Chamber of Commerce (held in July 2006 and June 2007 in Quito), to a seminar organized by the Mexican Arbitration Center and Universidad del Tecnológico de Monterrey (held in January 2007 in Mexico City), and to a seminar organized by the Dominican Republic Chamber of Commerce (held in February 2007 in Santo Domingo). ICSID staff participated in two seminars organized by the International Law Institute (held in July 2006 and April 2007 in Washington, D.C.), two arbitration conferences organized by the Institute for Transnational Arbitration (held in March 2007 in Buenos Aires and in Washington, D.C.), an international mining conference (held in March 2007 in Abuja), and several other arbitration events organized by the American Bar Association (held in May 2007 in Washington, D.C.), the International Association of Young Lawyers (held in June 2007 in Helsinki), and by the American University, Washington College of Law (held in October 2006 in Washington, D.C.). In addition, ICSID staff provided training courses on investor-State dispute settlement during programs organized by UNCTAD (held in January and May 2007 in Geneva and in Lima, respectively), and during sessions organized by UNCTAD and the Organization of American States (OAS) (held in October 2006 in Puebla), by the Association of South East Asian Nations (ASEAN) Secretariat (held in April 2007 in East Kalimantan Province), and by the Developing Eight Countries for Economic Development (D-8) (held in April 2007 in Jakarta). ANNUAL REPORT 2007 9


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    ICSID staff delivered lectures to academic audiences at the Legal Debate Society of Copenhagen (Denmark), Universidad de Externado (Colombia), George Washington University Law School, Georgetown University Law Center, University of Nebraska Law School, the American University Washington College of Law and the University of Chile. fortIeth annual meetIng of the aDmInIstratIve CounCIl The Fortieth Annual Meeting of the Administrative Council took place on September 20, 2006 in Singapore, on the occasion of the Annual Meetings of the Boards of Governors of the World Bank Group and the International Monetary Fund. At the meeting, the Council approved the Centre’s 2006 Annual Report and its administrative budget for fiscal year 2007. On the basis of a proposal by the Chairman, the Council unanimously elected Ana Palacio as the Centre’s new Secretary-General. Annex 5 sets forth the Resolutions adopted at the Meeting. fInanCe The administrative expenditures were, again, covered by the World Bank pursuant to the Memorandum of Administrative Arrangements concluded between the Bank and ICSID in February 1967, and by fee income and income from the sale of publications. It is therefore not necessary to assess any excess expenditures on Contracting States pursuant to Article 17 of the Convention. Expenditures relating to pending arbitration proceedings are borne by the parties in accordance with ICSID’s Administrative and Financial Regulations. The Financial Statements of ICSID for FY 2007 are set forth in Annex 6. 10 ICSID


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    Annex 1 ContraCtIng states anD other sIgnatorIes of the ConventIon As of June 30, 2007 The 156 States listed below have signed the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States on the dates indicated. The names of the 144 States that have deposited their instruments of ratification are in bold, and the dates of such deposit and of the attainment of the status of Contracting State by the entry into force of the Convention for each of them are also indicated. Deposit of Entry into Force State Signature Ratification of Convention Afghanistan Sep. 30, 1966 June 25, 1968 July 25, 1968 Albania Oct. 15, 1991 Oct. 15, 1991 Nov. 14, 1991 Algeria Apr. 17, 1995 Feb. 21, 1996 Mar. 22, 1996 Argentina May 21, 1991 Oct. 19, 1994 Nov. 18, 1994 Armenia Sep. 16, 1992 Sep. 16, 1992 Oct. 16, 1992 Australia Mar. 24, 1975 May 2, 1991 June 1,1991 Austria May 17, 1966 May 25, 1971 June 24, 1971 Azerbaijan Sep. 18, 1992 Sep. 18, 1992 Oct. 18, 1992 Bahamas Oct. 19, 1995 Oct. 19, 1995 Nov. 18, 1995 Bahrain Sep. 22, 1995 Feb. 14, 1996 Mar. 15, 1996 Bangladesh Nov. 20, 1979 Mar. 27, 1980 Apr. 26, 1980 Barbados May 13, 1981 Nov. 1, 1983 Dec. 1, 1983 Belarus July 10, 1992 July 10, 1992 Aug. 9, 1992 Belgium Dec. 15, 1965 Aug. 27, 1970 Sep. 26, 1970 Belize Dec. 19, 1986 Benin Sep. 10, 1965 Sep. 6, 1966 Oct. 14, 1966 Bolivia May 3, 1991 June 23, 1995 July 23, 1995 Bosnia and Herzegovina Apr. 25, 1997 May 14, 1997 June 13, 1997 Botswana Jan. 15, 1970 Jan. 15, 1970 Feb. 14, 1970 Brunei Darussalam Sep. 16, 2002 Sep. 16, 2002 Oct. 16, 2002 Bulgaria Mar. 21, 2000 Apr. 13, 2001 May 13, 2001 Burkina Faso Sep. 16, 1965 Aug. 29, 1966 Oct. 14, 1966 Burundi Feb. 17, 1967 Nov. 5, 1969 Dec. 5, 1969 Cambodia Nov. 5, 1993 Dec. 20, 2004 Jan. 19, 2005 Cameroon Sep. 23, 1965 Jan. 3, 1967 Feb. 2, 1967 Canada Dec. 15, 2006 Central African Republic Aug. 26, 1965 Feb. 23, 1966 Oct. 14, 1966 Chad May 12, 1966 Aug. 29, 1966 Oct. 14, 1966 ANNUAL REPORT 2007 11


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    Deposit of Entry into Force State Signature Ratification of Convention Chile Jan. 25, 1991 Sep. 24, 1991 Oct. 24, 1991 China Feb. 9, 1990 Jan. 7, 1993 Feb. 6, 1993 Colombia May 18, 1993 July 15, 1997 Aug. 14, 1997 Comoros Sep. 26, 1978 Nov. 7, 1978 Dec. 7, 1978 Congo Dec. 27, 1965 June 23, 1966 Oct. 14, 1966 Congo, Democratic Rep. of Oct. 29, 1968 Apr. 29, 1970 May 29, 1970 Costa Rica Sep. 29, 1981 Apr. 27, 1993 May 27, 1993 Côte d’Ivoire June 30, 1965 Feb. 16, 1966 Oct. 14, 1966 Croatia June 16, 1997 Sep. 22, 1998 Oct. 22, 1998 Cyprus Mar. 9, 1966 Nov. 25, 1966 Dec. 25, 1966 Czech Republic Mar. 23, 1993 Mar. 23, 1993 Apr. 22, 1993 Denmark Oct. 11, 1965 Apr. 24, 1968 May 24, 1968 Dominican Republic Mar. 20, 2000 Ecuador Jan. 15, 1986 Jan. 15, 1986 Feb. 14, 1986 Egypt, Arab Rep. of Feb. 11, 1972 May 3, 1972 June 2, 1972 El Salvador June 9, 1982 Mar. 6, 1984 Apr. 5, 1984 Estonia June 23, 1992 June 23, 1992 Jul. 23, 1992 Ethiopia Sep. 21, 1965 Fiji July 1, 1977 Aug. 11, 1977 Sep. 10, 1977 Finland July 14, 1967 Jan. 9, 1969 Feb. 8, 1969 France Dec. 22, 1965 Aug. 21, 1967 Sep. 20, 1967 Gabon Sep. 21, 1965 Apr. 4, 1966 Oct. 14, 1966 Gambia, The Oct. 1, 1974 Dec. 27, 1974 Jan. 26, 1975 Georgia Aug. 7, 1992 Aug. 7, 1992 Sep. 6, 1992 Germany Jan. 27, 1966 Apr. 18, 1969 May 18, 1969 Ghana Nov. 26, 1965 July 13, 1966 Oct. 14, 1966 Greece Mar. 16, 1966 Apr. 21, 1969 May 21, 1969 Grenada May 24, 1991 May 24, 1991 June 23, 1991 Guatemala Nov. 9, 1995 Jan. 21, 2003 Feb. 20, 2003 Guinea Aug. 27,1968 Nov. 4, 1968 Dec. 4, 1968 Guinea-Bissau Sep. 4, 1991 Guyana July 3, 1969 July 11, 1969 Aug. 10, 1969 Haiti Jan. 30, 1985 Honduras May 28, 1986 Feb. 14, 1989 Mar. 16, 1989 Hungary Oct. 1, 1986 Feb. 4, 1987 Mar. 6, 1987 Iceland July 25, 1966 July 25, 1966 Oct. 14, 1966 Indonesia Feb. 16, 1968 Sep. 28, 1968 Oct. 28, 1968 Ireland Aug. 30, 1966 Apr. 7, 1981 May 7, 1981 Israel June 16, 1980 June 22, 1983 July 22, 1983 Italy Nov. 18, 1965 Mar. 29, 1971 Apr. 28, 1971 Jamaica June 23, 1965 Sep. 9, 1966 Oct. 14, 1966 Japan Sep. 23, 1965 Aug. 17, 1967 Sep. 16, 1967 Jordan July 14, 1972 Oct. 30, 1972 Nov. 29, 1972 12 ICSID


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    Deposit of Entry into Force State Signature Ratification of Convention Kazakhstan July 23, 1992 Sep. 21, 2000 Oct. 21, 2000 Kenya May 24, 1966 Jan. 3, 1967 Feb. 2, 1967 Korea, Rep. of Apr. 18, 1966 Feb. 21, 1967 Mar. 23, 1967 Kuwait Feb. 9, 1978 Feb. 2, 1979 Mar. 4, 1979 Kyrgyz Republic June 9, 1995 Latvia Aug. 8, 1997 Aug. 8, 1997 Sep. 7, 1997 Lebanon Mar. 26, 2003 Mar. 26, 2003 Apr. 25, 2003 Lesotho Sep. 19, 1968 July 8, 1969 Aug. 7, 1969 Liberia Sep. 3, 1965 June 16, 1970 July 16, 1970 Lithuania July 6, 1992 July 6, 1992 Aug. 5, 1992 Luxembourg Sep. 28, 1965 July 30, 1970 Aug. 29, 1970 Macedonia, former Yugoslav Rep. of Sep. 16, 1998 Oct. 27, 1998 Nov. 26, 1998 Madagascar June 1, 1966 Sep. 6, 1966 Oct. 14, 1966 Malawi June 9, 1966 Aug. 23, 1966 Oct. 14, 1966 Malaysia Oct. 22, 1965 Aug. 8, 1966 Oct. 14, 1966 Mali Apr. 9, 1976 Jan. 3, 1978 Feb. 2, 1978 Malta Apr. 24, 2002 Nov. 3, 2003 Dec. 3, 2003 Mauritania July 30, 1965 Jan. 11, 1966 Oct. 14, 1966 Mauritius June 2, 1969 June 2, 1969 July 2, 1969 Micronesia June 24, 1993 June 24, 1993 July 24, 1993 Moldova Aug. 12, 1992 Mongolia June 14, 1991 June 14, 1991 July 14, 1991 Morocco Oct. 11, 1965 May 11, 1967 June 10, 1967 Mozambique Apr. 4, 1995 June 7, 1995 July 7, 1995 Namibia Oct. 26, 1998 Nepal Sep. 28, 1965 Jan. 7, 1969 Feb. 6, 1969 Netherlands May 25, 1966 Sep. 14, 1966 Oct. 14, 1966 New Zealand Sep. 2, 1970 Apr. 2, 1980 May 2, 1980 Nicaragua Feb. 4, 1994 Mar. 20, 1995 Apr. 19, 1995 Niger Aug. 23, 1965 Nov. 14, 1966 Dec. 14, 1966 Nigeria July 13, 1965 Aug. 23, 1965 Oct. 14, 1966 Norway June 24, 1966 Aug. 16, 1967 Sep. 15, 1967 Oman May 5, 1995 July 24, 1995 Aug. 23, 1995 Pakistan July 6, 1965 Sep. 15, 1966 Oct. 15, 1966 Panama Nov. 22, 1995 Apr. 8, 1996 May 8, 1996 Papua New Guinea Oct. 20, 1978 Oct. 20, 1978 Nov. 19, 1978 Paraguay July 27, 1981 Jan. 7, 1983 Feb. 6, 1983 Peru Sep. 4, 1991 Aug. 9, 1993 Sep. 8, 1993 Philippines Sep. 26, 1978 Nov. 17, 1978 Dec. 17, 1978 Portugal Aug. 4, 1983 July 2, 1984 Aug. 1, 1984 Romania Sep. 6, 1974 Sep. 12, 1975 Oct. 12, 1975 Russian Federation June 16, 1992 Rwanda Apr. 21, 1978 Oct. 15, 1979 Nov. 14, 1979 ANNUAL REPORT 2007 13


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    Deposit of Entry into Force State Signature Ratification of Convention Samoa Feb. 3, 1978 Apr. 25, 1978 May 25, 1978 Sao Tome and Principe Oct. 1, 1999 Saudi Arabia Sep. 28, 1979 May 8, 1980 June 7, 1980 Senegal Sep. 26, 1966 Apr. 21, 1967 May 21, 1967 Serbia May 9, 2007 May 9, 2007 June 8, 2007 Seychelles Feb. 16, 1978 Mar. 20, 1978 Apr. 19, 1978 Sierra Leone Sep. 27, 1965 Aug. 2, 1966 Oct. 14, 1966 Singapore Feb. 2, 1968 Oct. 14, 1968 Nov. 13, 1968 Slovak Republic Sep. 27, 1993 May 27, 1994 June 26, 1994 Slovenia Mar. 7, 1994 Mar. 7, 1994 Apr. 6, 1994 Solomon Islands Nov. 12, 1979 Sep. 8, 1981 Oct. 8, 1981 Somalia Sep. 27, 1965 Feb. 29, 1968 Mar. 30, 1968 Spain Mar. 21, 1994 Aug. 18, 1994 Sept. 17, 1994 Sri Lanka Aug. 30, 1967 Oct. 12, 1967 Nov. 11, 1967 St. Kitts and Nevis Oct. 14, 1994 Aug. 4, 1995 Sep. 3, 1995 St. Lucia June 4, 1984 June 4, 1984 July 4, 1984 St. Vincent and the Grenadines Aug. 7, 2001 Dec. 16, 2002 Jan. 15, 2003 Sudan Mar. 15, 1967 Apr. 9, 1973 May 9, 1973 Swaziland Nov. 3, 1970 June 14, 1971 July 14, 1971 Sweden Sep. 25, 1965 Dec. 29, 1966 Jan. 28, 1967 Switzerland Sep. 22, 1967 May 15, 1968 June 14, 1968 Syria May 25, 2005 Jan. 25, 2006 Feb. 24, 2006 Tanzania Jan. 10, 1992 May 18, 1992 June 17, 1992 Thailand Dec. 6, 1985 Timor-Leste July 23, 2002 July 23, 2002 Aug. 22, 2002 Togo Jan. 24, 1966 Aug. 11, 1967 Sep. 10, 1967 Tonga May 1, 1989 Mar. 21, 1990 Apr. 20, 1990 Trinidad and Tobago Oct. 5, 1966 Jan. 3, 1967 Feb. 2, 1967 Tunisia May 5, 1965 June 22, 1966 Oct. 14, 1966 Turkey June 24, 1987 Mar. 3, 1989 Apr. 2, 1989 Turkmenistan Sep. 26, 1992 Sep. 26, 1992 Oct. 26, 1992 Uganda June 7, 1966 June 7, 1966 Oct. 14, 1966 Ukraine Apr. 3, 1998 June 7, 2000 July 7, 2000 United Arab Emirates Dec. 23, 1981 Dec. 23, 1981 Jan. 22, 1982 United Kingdom of Great Britain and Northern Ireland May 26, 1965 Dec. 19, 1966 Jan. 18, 1967 United States of America Aug. 27, 1965 June 10, 1966 Oct. 14, 1966 Uruguay May 28, 1992 Aug. 9, 2000 Sep. 8, 2000 Uzbekistan Mar. 17, 1994 July 26, 1995 Aug. 25, 1995 Venezuela Aug. 18, 1993 May 2, 1995 June 1, 1995 Yemen, Republic of Oct. 28, 1997 Oct. 21, 2004 Nov. 20, 2004 Zambia June 17, 1970 June 17, 1970 July 17, 1970 Zimbabwe Mar. 25, 1991 May 20, 1994 June 19, 1994 14 ICSID


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    Annex 2 DIsputes before the Centre deveLoPments in fiscAL YeAR 2007 (1) Compañía de Aguas del Aconquija S.A. november 22, 2006 and Vivendi Universal S.A. v. Argentine The Tribunal issues a further procedural Republic (Case No. ARB/97/3) — order concerning procedural matters. Resubmission january 15 – 16, 2007 july 24 – august 4, 2006 The Tribunal holds a hearing in Paris The Tribunal holds a hearing on the on questions raised by the Tribunal. merits in Washington, D.C. august 25, 2006 (3) Patrick Mitchell v. Democratic Republic The parties file post-hearing briefs. of the Congo (Case No. ARB/99/7) — Annulment Proceeding september 29, 2006 The parties file submissions on costs. september 26, 2006 The ad hoc Committee declares the may 25, 2007 proceeding closed. The Tribunal declares the proceeding closed. november 1, 2006 The ad hoc Committee issues a decision on the application for annulment of (2) Víctor Pey Casado and President the award. Allende Foundation v. Republic of Chile (Case No. ARB/98/2) (4) World Duty Free Company Limited v. july 14, 2006 Republic of Kenya (Case No. ARB/00/7) The Tribunal is reconstituted. Its members are: Pierre Lalive (Swiss), october 4, 2006 President; Mohammed Chemloul The Tribunal renders its award. (Algerian); and Emmanuel Gaillard (French). The proceeding is resumed pursuant to ICSID Arbitration Rule 12. (5) Antoine Goetz and others v. Republic of Burundi (Case No. ARB/01/2) october 24, 2006 The Tribunal issues a procedural order december 1, 2006 concerning procedural matters. The proceeding is resumed following payment of the required advances. ANNUAL REPORT 2007 15


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    (6) Enron Corporation and Ponderosa september 13, 2006 Assets, L.P. v. Argentine Republic The Respondent files a memorial. (Case No. ARB/01/3) december 21, 2006 july 10, 2006 The Claimant files a counter-memorial. The Chairman of the Administrative Council appoints Albert Jan van den january 22, 2007 Berg as arbitrator in accordance with The Respondent files a reply. ICSID Arbitration Rule 11(2)(a). february 22, 2007 july 11, 2006 The Claimant files a rejoinder. The Tribunal is reconstituted. Its members are: Francisco Orrego Vicuña march 27 – 28, 2007 (Chilean), President; Albert Jan van den The ad hoc Committee holds a hearing Berg (Dutch); and Pierre-Yves Tschanz in Paris. (Swiss). The proceeding is resumed pursuant to ICSID Arbitration Rule 12. (9) Repsol YPF Ecuador S.A. v. Empresa march 22, 2007 Estatal Petroleos del Ecuador The Tribunal declares the proceeding (Petroecuador) (Case No. ARB/01/10) — closed. Annulment Proceeding may 22, 2007 july 10, 2006 The Tribunal renders its award. The ad hoc Committee holds a hearing in Quito. (7) MTD Equity Sdn. Bhd. and MTD Chile december 8, 2006 S.A. v. Republic of Chile (Case No. The ad hoc Committee declares the ARB/01/7) — Annulment Proceeding proceeding closed. march 21, 2007 january 8, 2007 The ad hoc Committee issues a decision The ad hoc Committee issues a decision on the application for annulment of on the application for annulment of the award. the award. (8) CMS Gas Transmission Company v. (10) Azurix Corp. v. Argentine Republic Argentine Republic (Case No. ARB/01/8) — (Case No. ARB/01/12) Annulment Proceeding (a) Original Arbitration Proceeding september 1, 2006 The ad hoc Committee issues a july 14, 2006 decision on the Respondent's request The Tribunal renders its award. for a continued stay of enforcement of the award. 16 ICSID


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    (b) Annulment Proceeding (13) PSEG Global Inc., The North American Coal Corporation, and Konya Ilgin Elektrik december 11, 2006 Üretim ve Ticaret Limited Sirketi v. The Secretary-General registers an Republic of Turkey (Case No. ARB/02/5) application for institution of annulment proceedings. january 9, 2007 The Tribunal declares the proceeding june 14, 2007 closed. The ad hoc Committee is constituted. Its members are: Gavan Griffith (Australian), january 19, 2007 President; Bola Ajibola (Nigerian); and The Tribunal renders its award. Michael Hwang (Singaporean). (14) SGS Société Générale de Surveillance (11) Fireman's Fund Insurance S.A. v. Republic of the Philippines Company v. United Mexican States (Case No. ARB/02/6) (Case No. ARB(AF)/02/1) There have been no new developments july 17, 2006 in this case since the publication of the The Tribunal renders its award. 2006 ICSID Annual Report. (12) LG&E Energy Corp., LG&E Capital (15) Hussein Nuaman Soufraki v. United Corp. and LG&E International Inc. v. Arab Emirates (Case No. ARB/02/7) — Argentine Republic (Case No. ARB/02/1) Annulment Proceeding october 3, 2006 july 21, 2006 The Tribunal issues a decision on liability. The parties file post-hearing briefs. november 3, 2006 july 28, 2006 The Tribunal issues a procedural The parties file submissions on costs. order concerning the method for determining damages. march 20, 2007 The Claimant files a revised december 1, 2006 submissions on costs. The Respondent files observations on the method for determining damages. june 5, 2007 The ad hoc Committee issues a decision december 4, 2006 on the application for annulment of the The Claimants file observations on the award. The decision includes a separate method for determining damages. opinion and a statement of dissent of one of the members of the ad hoc Committee. april 12, 2007 The Tribunal declares the proceeding closed. ANNUAL REPORT 2007 17


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    (16) Siemens A.G. v. Argentine Republic (19) Sempra Energy International v. (Case No. ARB/02/8) Argentine Republic (Case No. ARB/02/16) december 15, 2006 march 19, 2007 The Tribunal declares the proceeding The Respondent files a proposal for the closed. disqualification of the three members of the Tribunal. february 6, 2007 The Tribunal renders its award. march 22, 2007 The proceeding on the merits is suspended in accordance with ICSID (17) Champion Trading Company and Arbitration Rule 9(6). Ameritrade International, Inc. v. Arab Republic of Egypt (Case No. ARB/02/9) june 5, 2007 The proposal for the disqualification of july 10, 2006 the three members of the Tribunal is The parties file submissions on costs. declined and the proceeding is resumed. july 24, 2006 The parties file reply submissions (20) AES Corporation v. Argentine on costs. Republic (Case No. ARB/02/17) october 27, 2006 december 29, 2006 The Tribunal renders its award. The Tribunal suspends the proceeding following the agreement of the parties. (18) Ahmonseto, Inc. and others v. Arab june 14, 2007 Republic of Egypt (Case No. ARB/02/15) The Tribunal further suspends the proceeding following the agreement september 7, 2006 of the parties. The Claimants file a memorial on new facts and updates. (21) Tokios Tokelės v. Ukraine october 25, 2006 (Case No. ARB/02/18) The Respondent files observations on the Claimants’ memorial on new facts june 27, 2007 and updates. The Tribunal declares the proceeding closed. april 5, 2007 The Tribunal declares the proceeding closed. june 18, 2007 The Tribunal renders its award. 18 ICSID


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    (22) Camuzzi International S.A. v. (25) M.C.I. Power Group, L.C. and New Argentine Republic (Case No. ARB/03/2) Turbine, Inc. v. Republic of Ecuador (Case No. ARB/03/6) june 21, 2007 The Tribunal suspends the proceeding may 31, 2007 following the agreement of the parties. The Tribunal declares the proceeding closed. (23) Empresas Lucchetti, S.A. and Lucchetti Peru, S.A. v. Republic of Peru (26) Camuzzi International S.A. v. (Case No. ARB/03/4) — Argentine Republic (Case No. ARB/03/7) Annulment Proceeding july 28, 2006 august 27, 2006 The Tribunal issues a procedural order The Respondent files a counter- suspending the proceeding following memorial. the request of the parties. october 16, 2006 january 25, 2007 The Claimants file a reply. The Tribunal issues an order taking note of the discontinuance of the december 15, 2006 proceeding pursuant to ICSID The Respondent files a rejoinder. Arbitration Rule 43(1). february 20 – 21, 2007 The ad hoc Committee holds a hearing (27) Continental Casualty Company v. in Washington, D.C. Argentine Republic (Case No. ARB/03/9) october 20, 2006 (24) Metalpar S.A. and Buen Aire S.A. v. The Respondent files a rejoinder on Argentine Republic (Case No. ARB/03/5) the merits. september 13, 2006 november 27 – december 2, 2006 The Respondent files a counter- The Tribunal holds a hearing on the memorial on the merits. merits in Washington, D.C. january 9, 2007 january 20, 2007 The Claimants file a reply on the merits. The Claimant files a post-hearing brief. april 5, 2007 january 27, 2007 The Respondent files a rejoinder on The Respondent files a post-hearing brief. the merits. ANNUAL REPORT 2007 19


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    (28) Gas Natural SDG, S.A. v. Argentine (31) El Paso Energy International Republic (Case No. ARB/03/10) Company v. Argentine Republic (Case No. ARB/03/15) july 24, 2006 The Tribunal further suspends the july 26, 2006 proceeding following the agreement The Tribunal issues a procedural order of the parties. concerning the production of documents. april 26, 2007 september 1, 2006 The Tribunal further suspends the The Respondent files a counter- proceeding following the agreement memorial on the merits. of the parties. november 28, 2006 The Claimant files a reply on the merits. (29) Pan American Energy LLC and BP Argentina Exploration Company v. march 12, 2007 Argentine Republic (Case No. ARB/03/13) The Respondent files a rejoinder on the merits. july 27, 2006 The Tribunal issues a decision on june 4 – 13, 2007 preliminary objections. The Tribunal holds a hearing on the merits in Washington, D.C. july 31, 2006 The Tribunal issues a procedural order concerning the proceedings on the merits. (32) ADC Affiliate Limited and ADC and ADMC Management Limited v. Republic january 8, 2007 of Hungary (Case No. ARB/03/16) The Respondent files a counter- memorial on the merits. october 2, 2006 The Tribunal renders its award. may 8, 2007 The Tribunal suspends the proceeding following the request of the parties. (33) Suez, Sociedad General de Aguas de Barcelona, S.A. and Interagua Servicios Integrales de Agua, S.A. v. Argentine (30) Miminco LLC and others v. Republic (Case No. ARB/03/17) Democratic Republic of the Congo (Case No. ARB/03/14) august 8, 2006 The Respondent files a counter- There have been no new developments memorial on the merits. in this case since the publication of the 2006 ICSID Annual Report. november 27, 2006 The Claimants file a reply on the merits. 20 ICSID


  • Page 27

    february 9, 2007 december 8, 2006 The Respondent files a rejoinder on The Respondent files a counter- the merits. memorial on the merits. may 28 – june 1, 2007 march 30, 2007 The Tribunal holds a hearing on the The Claimants file a reply on the merits. merits in Washington, D.C. april 4, 2007 Five non-governmental organizations (34) Aguas Cordobesas, S.A., Suez, file an amicus curiae submission. and Sociedad General de Aguas de Barcelona, S.A. v. Argentine Republic (Case No. ARB/03/18) (36) Telefónica S.A. v. Argentine Republic (Case No. ARB/03/20) july 6, 2006 The Tribunal further suspends the october 6, 2006 proceeding following the agreement The Tribunal suspends the proceeding of the parties. following a request of the parties. december 22, 2006 june 13, 2007 The Claimants file a request for the The Tribunal further suspends the discontinuance of the proceeding in proceeding following the agreement accordance with ICSID Arbitration of the parties. Rule 44. january 5, 2007 (37) Enersis, S.A. and others v. Argentine The Respondent informs the Republic (Case No. ARB/03/21) Tribunal that it does not object to the discontinuance. There have been no new developments in this case since the publication of the january 24, 2007 2006 ICSID Annual Report. The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44. (38) Electricidad Argentina S.A. and EDF International S.A. v. Argentine Republic (Case No. ARB/03/22) (35) Suez, Sociedad General de Aguas de Barcelona, S.A. and Vivendi Universal, S.A. july 7, 2006 v. Argentine Republic (Case No. ARB/03/19) The Centre notifies the parties of a vacancy on the Tribunal following the august 3, 2006 resignation of one of the arbitrators and The Tribunal issues a decision on of the suspension of the proceeding jurisdiction and a procedural order pursuant to ICSID Arbitration Rule 10(2). concerning the continuation of the proceeding on the merits. ANNUAL REPORT 2007 21


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    december 22, 2006 february 21 – 28, 2007 The proceeding is suspended following The Tribunal issues successive procedural a request of the parties. orders concerning procedural matters and the Respondent’s application for security for costs. (39) EDF International S.A., SAUR International S.A. and Léon Participaciones april 3, 2007 Argentinas S.A. v. Argentine Republic The Tribunal issues a procedural order (Case No. ARB/03/23) concerning procedural matters. july 7, 2006 april 11, 2007 The Centre notifies the parties of a The Claimant files a reply on the merits. vacancy on the Tribunal following the resignation of one of the arbitrators and of the suspension of (41) Fraport AG Frankfurt Airport the proceeding pursuant to ICSID Services Worldwide v. Republic of the Arbitration Rule 10(2). Philippines (Case No. ARB/03/25) october 17, 2006 july 18, 2006 The Tribunal is reconstituted. Its The Tribunal issues a procedural order members are: William W. Park (U.S.), concerning the timetable for additional President; Gabrielle Kauffman-Kohler written filings. (Swiss); and Jesús Remón (Spanish). The proceeding is resumed pursuant to august 15, 2006 ICSID Arbitration Rule 12. The Respondent files a supplemental post-hearing brief. (40) Plama Consortium Limited v. Republic september 15, 2006 of Bulgaria (Case No. ARB/03/24) The Claimant files a supplemental post- hearing brief in response. july 28, 2006 The Respondent files a counter- october 25, 2006 memorial on the merits. The Tribunal declares the proceeding closed except for matters concerning september 20, 2006 the ongoing local proceedings. The Tribunal issues a procedural order concerning the schedule for the filing january 31, 2007 of written submissions. The Respondent files an update concerning the ongoing local proceedings. february 16, 2007 The Tribunal holds a procedural march 14 – 15, 2007 meeting in Paris. The Respondent produces further documents concerning the ongoing local proceedings following the request of the Tribunal. 22 ICSID


  • Page 29

    march 26, 2007 (44) Duke Energy International Peru The Claimant produces further Investments No. 1 Ltd v. Republic of documents concerning the ongoing Peru (Case No. ARB/03/28) local proceedings following the request of the Tribunal. october 5, 2006 The Respondent files a counter- june 13, 2007 memorial on the merits. The Tribunal declares the proceeding closed. december 26, 2006 The Claimant files a reply on the merits. (42) Inceysa Vallisoletana S.L. v. Republic march 30, 2007 of El Salvador (Case No. ARB/03/26) The Respondent files a rejoinder on the merits. (a) Original Arbitration Proceeding may 8 – 16, 2007 august 2, 2006 The Tribunal holds a hearing on the The Tribunal renders its award. merits in Washington, D.C. (b) Rectification Proceeding june 29, 2007 The parties file post-hearing briefs. september 13, 2006 The Acting Secretary-General registers a request for rectification of the award (45) Bayindir Insaat Turizm Ticaret of August 2, 2006. Ve Sanayi A.S. v. Islamic Republic of Pakistan (Case No. ARB/03/29) november 16, 2006 The Tribunal issues a decision on the august 25, 2006 request for rectification of the award. The Respondent files a counter- memorial on the merits. (43) Unisys Corporation v. Argentine october 10, 2006 Republic (Case No. ARB/03/27) The Tribunal issues a procedural order concerning the procedural calendar. february 27, 2007 The Tribunal further suspends the november 27, 2006 proceeding following the agreement The Tribunal issues a procedural order of the parties. concerning the production of documents. january 19, 2007 The Tribunal issues a procedural order concerning the production of documents and procedural matters. february 21, 2007 The Claimant files a reply on the merits. ANNUAL REPORT 2007 23


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    april 10 – 30, 2007 (49) Cemex Asia Holdings Ltd v. The Tribunal issues successive procedural Indonesia (Case No. ARB/04/3) orders concerning the production of documents and procedural matters. february 23, 2007 The Tribunal renders its award embodying may 24, 2007 the parties’ settlement agreement pursuant The Respondent files a rejoinder on to ICSID Arbitration Rule 43(2). the merits. june 20, 2007 (50) SAUR International v. Argentine The Tribunal issues a procedural order Republic (Case No. ARB/04/4) concerning the suspension of the proceeding and the procedural calendar. october 27, 2006 The Tribunal further suspends the proceeding following the request (46) Azurix Corp. v. Argentine Republic of the parties. (Case No. ARB/03/30) april 4, 2007 There have been no new developments The Tribunal further suspends the in this case since the publication of the proceeding following the request 2006 ICSID Annual Report. of the parties. (47) Corn Products International, Inc. (51) Compagnie d'Exploitation du Chemin v. United Mexican States de Fer Transgabonais v. Gabonese (Case No. ARB(AF)/04/1) Republic (Case No. ARB/04/5) july 10 – 13, 2006 september 14, 2006 The Tribunal holds a hearing on issues of The Respondent files a counter- state responsibility in Washington, D.C. memorial on the merits. december 4, 2006 (48) Total S.A. v. Argentine Republic The Claimant files a reply on the merits. (Case No. ARB/04/1) february 13, 2007 august 25, 2006 The Respondent files a rejoinder on The Tribunal issues a decision on the merits. jurisdiction. february 26 – 28, 2007 january 26, 2007 The Tribunal holds a hearing on the The Respondent files a counter- merits in Paris. memorial on the merits. april 2 – 3, 2007 may 18, 2007 The Tribunal holds a session on closing The Claimant files a reply on the merits. arguments on the merits in Paris. 24 ICSID


  • Page 31

    (52) OKO Pankki Oyj and others v. april 2, 2007 Republic of Estonia (Case No. ARB/04/6) The Tribunal issues a decision on jurisdiction. There have been no new developments in this case since the publication of the june 27, 2007 2006 ICSID Annual Report. The Respondent files a request for production of documents. (53) Sociedad Anónima Eduardo Vieira v. Republic of Chile (Case No. ARB/04/7) (56) Russell Resources International Limited and others v. Democratic Republic of the july 20, 2006 Congo (Case No. ARB/04/11) The Tribunal holds a hearing on jurisdiction in Washington, D.C. august 17, 2006 The proceeding is stayed in accordance with ICSID Administrative and (54) BP America Production Company Financial Regulation 14(3)(d). and others v. Argentine Republic (Case No. ARB/04/8) (57) ABCI Investments N.V. v. Republic of july 27, 2006 Tunisia (Case No. ARB/04/12) The Tribunal issues a decision on preliminary objections. There have been no new developments in this case since the publication of the july 31, 2006 2006 ICSID Annual Report. The Tribunal issues a procedural order concerning the proceeding on the merits. (58) Jan de Nul N.V. and Dredging january 8, 2007 International N.V. v. Arab Republic of The Respondent files a counter- Egypt (Case No. ARB/04/13) memorial on the merits. august 7, 2006 may 8, 2007 The Tribunal issues a procedural The Tribunal suspends the proceeding order concerning the schedule for following the request of the parties. written filings. november 15, 2006 (55) CIT Group Inc. v. Argentine Republic The Claimants file a memorial on (Case No. ARB/04/9) the merits. august 29, 2006 february 15, 2007 The Tribunal holds a hearing on The Respondent files a counter- jurisdiction in Washington, D.C. memorial on the merits. ANNUAL REPORT 2007 25


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    may 11, 2007 (63) Talsud, S.A. v. United Mexican States The Claimants file a reply on the merits. (Case No. ARB(AF)/04/4) october 12, 2006 (59) Wintershall Aktiengesellschaft v. The Claimants file a reply on the merits. Argentine Republic (Case No. ARB/04/14) april 12, 2007 september 15, 2006 The Respondent files a rejoinder on The Claimant files a counter-memorial the merits. on jurisdiction. (64) Archer Daniels Midlands Company (60) Telenor Mobile Communications and Tate and Lyle Ingredients Americas, AS v. Republic of Hungary Inc. v. United Mexican States (Case No. ARB/04/15) (Case No. ARB(AF)/04/5) september 13, 2006 july 10, 2006 The Tribunal renders its award. The Claimants file a reply on the merits. july 21, 2006 (61) Mobil Exploration and Development The Tribunal issues a procedural order Inc. Suc. Argentina and Mobil Argentina concerning confidentiality. S.A. v. Argentine Republic (Case No. ARB/04/16) september 1, 2006 The Respondent files a rejoinder on There have been no new developments the merits. in this case since the publication of the 2006 ICSID Annual Report. september 22, 2006 The Tribunal issues a procedural order concerning the conduct of the hearing. (62) Gemplus, S.A., SLP, S.A. and Gemplus Industrial, S.A. de C.V. v. United Mexican march 19 – 24, 2007 States (Case No. ARB(AF)/04/3) The Tribunal holds a hearing on the merits in Washington, D.C. october 12, 2006 The Claimants file a reply on the merits. (65) Duke Energy Electroquil Partners april 12, 2007 and Electroquil S.A. v. Republic of The Respondent files a rejoinder on Ecuador (Case No. ARB/04/19) the merits. july 21, 2006 The parties file post-hearing briefs. 26 ICSID


  • Page 33

    (66) Vannessa Ventures Ltd. v. december 6, 2006 Bolivarian Republic of Venezuela The Claimants withdraw their claims (Case No. ARB(AF)/04/6) with regard to investments made in the Province of San Juan. august 28, 2006 The Respondent files a memorial on april 24, 2007 jurisdiction. The Respondent files a request for discontinuance of the proceeding with may 7, 2007 regard to the withdrawn claims. The Centre notifies the parties of a vacancy on the Tribunal following the may 31, 2007 resignation of two arbitrators and of the The Claimants file a memorial on suspension of the proceeding pursuant the merits. to ICSID Arbitration Rule 10(2). june 12, 2007 The Tribunal issues a procedural order (67) RGA Reinsurance Company v. pursuant to ICSID Arbitration Rule Argentine Republic (Case No. ARB/04/20) 43(1) concerning the discontinuance of the claims related to the Claimants' september 14, 2006 investments in the Province of San Juan. The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). (70) LESI, S.p.A. and Astaldi, S.p.A. v. People’s Democratic Republic of Algeria (Case No. ARB/05/3) (68) DaimlerChrysler Services AG v. Argentine Republic (Case No. ARB/05/1) july 12, 2006 The Tribunal issues a decision on september 21, 2006 jurisdiction. The Tribunal is constituted. Its members are: Pierre-Marie Dupuy (French), september 28, 2006 President; Domingo Bello Janeiro The Respondent files a supplementary (Spanish); and Charles N. Brower (U.S.). counter-memorial on the merits. january 27, 2007 november 14, 2006 The Tribunal holds its first session The Centre notifies the parties of a in Paris. vacancy on the Tribunal following the passing away of one of the arbitrators and of the suspension of (69) Compañía General de Electricidad the proceeding pursuant to ICSID S.A. and CGE Argentina S.A. v. Argentine Arbitration Rule 10(2). Republic (Case No. ARB/05/2) august 24, 2006 The Tribunal holds its first session in Paris. ANNUAL REPORT 2007 27


  • Page 34

    december 13, 2006 may 18, 2007 The Tribunal is reconstituted. Its The Respondent files a memorial on members are: Pierre Tercier (Swiss), jurisdiction. President; Emmanuel Gaillard (French); and Bernard Hanotiau (Belgian). The proceeding is resumed pursuant to (73) Bernardus Henricus Funnekotter ICSID Arbitration Rule 12. and others v. Republic of Zimbabwe (Case No. ARB/05/6) february 28, 2007 The Claimants file a reply on the merits. november 1, 2006 The Tribunal is constituted. Its members june 29, 2007 are: Gilbert Guillaume (French), The Respondent files a rejoinder on President; Ronald A. Cass (U.S.); and the merits. Mohammad Wasi Zafar (Pakistani). december 15, 2006 (71) I&I Beheer B.V. v. Bolivarian Republic The Tribunal holds its first session of Venezuela (Case No. ARB/05/4) in Paris. july 17, 2006 march 16, 2007 The Tribunal issues a procedural order The Claimants file a memorial on concerning the procedural calendar. jurisdiction and the merits. september 15, 2006 The Respondent files a counter- (74) Saipem S.p.A. v. People's Republic memorial on the merits. of Bangladesh (Case No. ARB/05/7) december 18, 2006 july 14, 2006 The Tribunal issues a procedural order The Claimant files a response to concerning the production of documents. objections to jurisdiction. august 2, 2006 (72) TSA Spectrum de Argentina, S.A. v. The Tribunal issues a procedural order Argentine Republic (Case No. ARB/05/5) concerning the hearing on jurisdiction. august 31, 2006 august 18, 2006 The Tribunal holds its first session in The Respondent files a reply on Washington, D.C. jurisdiction. january 29, 2007 september 14, 2006 The Claimant files a memorial on The Claimant files a rejoinder on the merits. jurisdiction. 28 ICSID


  • Page 35

    september 21 – 22, 2006 december 8, 2006 The Tribunal holds a hearing on The parties file post-hearing briefs. jurisdiction in London. december 22, 2006 march 21, 2007 The parties file submissions on costs. The Tribunal issues a decision on jurisdiction and a recommendation on may 25, 2007 provisional measures. The Tribunal declares the proceeding closed. june 1, 2007 The Tribunal issues a procedural order concerning procedural matters. (76) Empresa Eléctrica del Ecuador, Inc. (EMELEC) v. Republic of Ecuador june 25, 2007 (Case No. ARB/05/9) The parties file simultaneous requests for production of documents. november 2, 2006 The Claimant files a memorial on the merits. (75) Parkerings-Compagniet AS v. Republic of Lithuania (Case No. ARB/05/8) april 2, 2007 The Respondent files objections to july 25, 2006 jurisdiction. The Respondent files a counter- memorial on the merits. april 23, 2007 The Tribunal issues a procedural order september 15, 2006 concerning procedural matters. The Claimant files additional witness statements and indexes in support of its memorial on the merits. (77) Malaysian Historical Salvors, SDN, BHD v. Malaysia (Case No. ARB/05/10) october 16, 2006 The Tribunal issues a procedural order december 14, 2006 concerning the production of documents. The Respondent files a further post- hearing brief. october 20, 2006 The Claimant files additional witness december 19, 2006 statements and documents in support The Claimant files a further post- of its memorial on the merits. The hearing brief. Respondent files additional documents in support of its counter-memorial on march 22, 2007 the merits. The parties file additional post- hearing briefs. november 6 – 10, 2006 The Tribunal holds a hearing on the may 17, 2007 merits in Paris. The Tribunal renders its award. ANNUAL REPORT 2007 29


  • Page 36

    (78) Asset Recovery Trust S.A. v. (80) Noble Energy Inc. and Machala Argentine Republic (Case No. ARB/05/11) Power Cía. Ltd. v. Republic of Ecuador and Consejo Nacional de Electricidad july 5, 2006 (Case No. ARB/05/12) The Respondent files observations on the proposal for disqualification of september 18, 2006 an arbitrator. The Respondents file a memorial on jurisdiction. november 27, 2006 The proposal for disqualification november 21, 2006 of an arbitrator is declined and the The Claimants file a counter-memorial proceeding is resumed in accordance on jurisdiction. with ICSID Arbitration Rule 9(6). january 2, 2007 march 2, 2007 The Respondents file a reply on The Tribunal holds its first session in jurisdiction. Buenos Aires. february 2, 2007 The Claimants file a rejoinder on (79) Bayview Irrigation District and jurisdiction. others v. United Mexican States (Case No. ARB(AF)/05/1) february 26, 2007 The Tribunal holds a hearing on july 27, 2006 jurisdiction in Washington, D.C. The Respondent files a reply on jurisdiction. (81) EDF (Services) Limited v. Romania august 28, 2006 (Case No. ARB/05/13) The Claimants file a rejoinder on jurisdiction. july 11, 2006 The Claimant files a request for november 14 – 15, 2006 production of documents. The Tribunal holds a hearing on jurisdiction in Washington, D.C. july 17, 2006 The Respondent files a response to the december 15, 2006 Claimant’s request of July 11, 2006. The parties file post-hearing briefs. july 27, 2006 june 19, 2007 The President of the Tribunal issues an The Tribunal renders its award. order concerning confidentiality. 30 ICSID


  • Page 37

    october 11, 2006 (83) Waguih Elie George Siag and The Respondent files a counter- Clorinda Vecci v. Arab Republic of Egypt memorial on the merits and (Case No. ARB/05/15) observations on the Claimant’s request for production of documents. july 12, 2006 The Claimant files a counter-memorial on jurisdiction. (82) RSM Production Corporation v. Grenada (Case No. ARB/05/14) july 24, 2006 The Respondent files a reply on july 3, 2006 jurisdiction. The Claimant files a memorial on the merits. august 4, 2006 The Claimant files a rejoinder on december 8, 2006 jurisdiction. The Respondent files a counter- memorial on the merits. august 8 – 10, 2006 The Tribunal holds a hearing on december 21, 2006 – february 22, 2007 jurisdiction in Paris. The Tribunal issues successive procedural orders concerning the production of april 11, 2007 documents, bifurcation of the proceeding, The Tribunal issues a decision on provisional measures, the procedural jurisdiction. Attached to the decision calendar and a U.S. court proceeding. is the partial dissenting opinion of one of the arbitrators. march 5, 2007 The Claimant files a reply on the merits. (84) Cargill, Incorporated v. United may 9 – 14, 2007 Mexican States (Case No. ARB(AF)/05/2) The Tribunal issues further procedural orders concerning provisional measures, september 14, 2006 bifurcation of the proceeding, The Tribunal holds its first session in production of documents and an Washington, D.C. application for security for costs. november 2, 2006 may 25, 2007 The Tribunal issues a procedural order The Respondent files a rejoinder on concerning confidentiality. the merits. december 22, 2006 june 18 – 22, 2007 The Claimant files a memorial on The Tribunal holds a hearing on the the merits. merits in London. ANNUAL REPORT 2007 31


  • Page 38

    january 25, 2007 november 30, 2006 The Tribunal issues a procedural order The Tribunal issues a procedural order concerning the procedural calendar. concerning the procedural calendar. may 2, 2007 january 15, 2007 The Respondent files a counter- The Respondent files a counter- memorial on the merits. memorial on the merits. march 19, 2007 (85) Rumeli Telekom A.S. and Telsim The Claimant files a reply on the merits. Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan may 14, 2007 (Case No. ARB/05/16) The Respondent files a rejoinder on the merits. august 10, 2006 The Tribunal issues a procedural order june 5 – 6, 2007 concerning the production of documents. The Tribunal holds a hearing on the merits in Paris. august 21, 2006 The Claimants file a memorial on the merits. (87) Ioannis Kardossopoulos v. Georgia (Case No. ARB/05/18) december 14, 2006 The Respondent files a counter- july 13, 2006 memorial on the merits. The Claimant files a memorial on the merits. february 27, 2007 The Claimants file a reply on the merits. october 3, 2006 The Respondent files a memorial on may 23, 2007 jurisdiction. The Respondent files a rejoinder on the merits. november 7, 2006 The Claimant files a counter-memorial on jurisdiction. (86) Desert Line Projects LLC v. Republic of Yemen (Case No. ARB/05/17) december 4, 2006 The Respondent files a reply on october 16, 2006 jurisdiction. The Respondent files objections to jurisdiction and a request for january 5, 2007 bifurcation of the proceeding. The Claimant files a rejoinder on jurisdiction. november 22, 2006 The Tribunal issues a procedural order january 15 – 16, 2007 joining the objections to jurisdiction The Tribunal holds a hearing on to the merits. jurisdiction in London. 32 ICSID


  • Page 39

    (88) Helnan International Hotels A/S v. (89) Ioan Micula, Viorel Micula and Arab Republic of Egypt others v. Romania (Case No. ARB/05/20) (Case No. ARB/05/19) september 12, 2006 july 14, 2006 The Tribunal is constituted. Its members The Claimant files a counter-memorial are: Laurent Lévy (Swiss), President; on jurisdiction. Stanimir A. Alexandrov (Bulgarian); and Claus-Dieter Ehlermann (German). august 17, 2006 The Tribunal holds a hearing on november 10, 2006 jurisdiction in Paris. The Tribunal holds its first session in Paris. october 17, 2006 The Tribunal issues a decision on march 13, 2007 jurisdiction. The Claimants file a memorial on the merits. january 9, 2007 The Tribunal issues a procedural order concerning the production of documents. (90) African Holding Company of America, Inc. and Société Africaine january 31, 2007 de Construction au Congo S.A.R.L. v. The Claimant files a memorial on Democratic Republic of the Congo the merits. (Case No. ARB/05/21) june 11, 2007 july 6, 2006 The Respondent files a further The Tribunal is reconstituted. Its objection to jurisdiction and a counter- members are: Ahmed S. El-Kosheri memorial on the merits. (Egyptian), President; Otto L.O. de Witt Wijnen (Dutch); and Dominique Grisay june 21, 2007 (Belgian). The proceeding is resumed The Claimant files observations on pursuant to ICSID Arbitration Rule 12. the Respondent’s further objection to jurisdiction. october 18, 2006 The Claimants file a memorial on june 28, 2007 the merits. The Tribunal joins the Respondent’s further objection to jurisdiction to the december 22, 2006 merits and fixes a calendar for the filing The Respondent files a memorial of written pleadings on jurisdiction and on jurisdiction. the merits. january 17 – 23, 2007 The Tribunal issues successive procedural orders concerning procedural matters and the production of documents. ANNUAL REPORT 2007 33


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    january 26, 2007 december 22, 2006 The Claimants file a counter-memorial The Tribunal issues a procedural order on jurisdiction. concerning the production of documents. february 16, 2007 january 12, 2007 The Respondent files a reply on The Claimant files observations on the jurisdiction. petition for amicus curiae participation. february 23, 2007 january 26, 2007 The Centre notifies the parties of a The Claimant files a reply on the merits. vacancy on the Tribunal following the resignation of one of the february 2, 2007 arbitrators and of the suspension of The Tribunal issues a procedural order the proceeding pursuant to ICSID concerning the petition for amicus Arbitration Rule 10(2). curiae participation. april 17, 2007 march 23, 2007 The Tribunal is reconstituted. Its The Respondent files a rejoinder on members are: Francisco Orrego Vicuña the merits. (Chilean), President; Otto L.O. de Witt Wijnen (Dutch); and Dominique Grisay march 26, 2007 (Belgian). The proceeding is resumed Five non-governmental organizations pursuant to ICSID Arbitration Rule 12. file an amicus curiae submission. april 16 – 21, 2007 (91) Biwater Gauff (Tanzania) Limited v. The Tribunal holds a hearing on United Republic of Tanzania evidence at The Hague. (Case No. ARB/05/22) april 25, 2007 july 7, 2006 The Tribunal issues a procedural order The Claimant files a memorial on concerning the procedural calendar. the merits. september 29, 2006 (92) Ares International S.r.l. and The Tribunal issues a procedural order MetalGeo S.r.l. v. Georgia on the Claimant’s application for (Case No. ARB/05/23) provisional measures. october 2, 2006 november 3, 2006 The Claimants file a memorial on The Respondent files a counter- the merits. memorial on the merits. december 14, 2006 november 27, 2006 The Respondent files objections to The Centre receives a petition for jurisdiction and a request for the amicus curiae participation. bifurcation of the proceeding. 34 ICSID


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    december 22, 2006 march 22, 2007 The Tribunal rules on the request for The Tribunal issues a procedural order bifurcation of the proceeding. concerning the procedural calendar. february 14, 2007 june 7, 2007 The Respondent files a counter- The Tribunal issues a procedural order memorial on the merits. concerning production of documents. april 20, 2007 june 21, 2007 The Claimants file a reply on the merits. The Tribunal issues a further procedural order concerning the procedural calendar. may 28, 2007 The Claimants file a memorial on quantum. (94) Spyridon Roussalis v. Romania (Case No. ARB/06/1) june 20, 2007 The Respondent files a rejoinder on march 14, 2007 the merits. The Tribunal is constituted. Its members are: Robert Briner (Swiss), june 25, 2007 President; Andrea Giardina (Italian); The Respondent files a counter- and W. Michael Reisman (U.S.). memorial on quantum. may 4, 2007 The Tribunal holds its first session (93) Hrvatska Elektroprivreda d.d. v. in Paris. Republic of Slovenia (Case No. ARB/05/24) july 3, 2006 (95) Quimica e Industrial del Borax Ltda. The Tribunal holds its first session and others v. Republic of Bolivia in London. (Case No. ARB/06/2) november 13, 2006 There have been no new developments The Claimant files a memorial on in this case since the publication of the the merits. 2006 ICSID Annual Report. december 8, 2006 The Respondent files objections to (96) The Rompetrol Group N.V. v. jurisdiction and a request for bifurcation. Romania (Case No. ARB/06/3) february 15, 2007 december 20, 2006 The Tribunal issues a decision joining The Tribunal is constituted. Its members jurisdiction to the merits. are: Franklin Berman (British), President; Donald Francis Donovan (U.S.); and Marc Lalonde (Canadian). ANNUAL REPORT 2007 35


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    february 28, 2007 (99) Rail World LLC and others v. The Tribunal holds a first session Republic of Estonia (Case No. ARB/06/6) in Paris. july 28, 2006 april 30, 2007 The Tribunal is constituted. Its The Claimant files a reply to the members are: Gabrielle Kaufmann- Respondent’s preliminary objections. Kohler (Swiss), President; Karl-Heinz Böckstiegel (German); and Mark Raeside (British). (97) Vestey Group Ltd v. Bolivarian Republic of Venezuela (Case No. ARB/06/4) july 31, 2006 Following a proposal for the september 6, 2006 disqualification of an arbitrator, the The Claimant files a request for the proceeding is suspended in accordance suspension of the proceeding. with ICSID Arbitration Rule 9(6). march 20, 2007 august 7, 2006 The Claimant files a further request for The Respondent files observations on the suspension of the proceeding. the proposal for disqualification. august 25, 2006 (98) Phoenix Action Ltd v. Czech The Centre notifies the parties of a Republic (Case No. ARB/06/5) vacancy on the Tribunal following the resignation of one of the january 8, 2007 arbitrators and of the suspension of The Tribunal is constituted. Its the proceeding pursuant to ICSID members are: Brigitte Stern (French), Arbitration Rule 10(2). President; Andreas Bucher (Swiss); and Juan Fernández-Armesto (Spanish). september 26, 2006 The Tribunal is reconstituted. Its members february 23, 2007 are: Gabrielle Kaufmann-Kohler (Swiss), The Tribunal holds its first session President; Karl-Heinz Böckstiegel in Paris. (German); and Emmanuel Gaillard (French). The proceeding is resumed april 6, 2007 pursuant to ICSID Arbitration Rule 12. The Tribunal issues a decision on provisional measures. october 24, 2006 The Tribunal suspends the proceeding may 25, 2007 following the request of the parties. The Claimant files a memorial on the merits. december 7, 2006 The Tribunal further suspends the proceeding following the request of the parties. 36 ICSID


  • Page 43

    january 10, 2007 april 13, 2007 The parties file a request for the The Tribunal issues an order discontinuance of the proceeding concerning provisional measures and pursuant to ICSID Arbitration Rule 43(1). the extension of the arbitration clause. february 5, 2007 april 18 – June 29, 2007 The Tribunal issues an order taking The parties file observations concerning note of the discontinuance of the the implementation of the Tribunal’s proceeding pursuant to ICSID order of April 13, 2007. Arbitration Rule 43(1). (101) Sistem Muhendislik Insaat Sanayi (100) Togo Electricité v. Republic of Togo ve Ticaret A.S. v. Kyrgyz Republic (Case No. ARB/06/7) (Case No. ARB(AF)/06/1) september 8, 2006 october 26, 2006 The Tribunal is constituted. Its The Tribunal is constituted. Its members are: Ahmed S. El-Kosheri members are: Vaughan Lowe (British), (Egyptian), President; Marc Grüninger President; Nabil Elaraby (Egyptian); and (Swiss); and Marc Lalonde (Canadian). Paolo Michele Patocchi (Swiss). october 11, 2006 november 30, 2006 The Claimant files an application for The Tribunal holds its first session provisional measures. in Geneva. october 18, 2006 january 17, 2007 The Tribunal holds its first session The Claimant files a memorial in Paris. on jurisdiction. november 24, 2006 may 10, 2007 The Respondent files a request for an The Respondent files a counter- extension of the arbitration clause to a memorial on jurisdiction. third party. may 17, 2007 december 15, 2006 The Claimant files a reply on The Claimant files observations on jurisdiction. the Respondent’s request of November 24, 2006. may 23, 2007 The Respondent files a rejoinder march 16 – 28, 2007 on jurisdiction. The parties file observations on provisional measures and the extension may 31 – June 1, 2007 of the arbitration clause. The Tribunal holds a hearing on jurisdiction in Paris. ANNUAL REPORT 2007 37


  • Page 44

    (102) Libananco Holdings Co. Limited v. june 22, 2007 Republic of Turkey (Case No. ARB/06/8) The Claimants file a counter-memorial on jurisdiction. december 18, 2006 The Tribunal is constituted. Its members are: Michael Hwang (Singaporean), (105) Occidental Petroleum Corporation President; Henri C. Alvarez (Canadian); and Occidental Exploration and and Franklin Berman (British). Production Company v. Republic of Ecuador (Case No. ARB/06/11) february 12, 2007 The Tribunal holds its first session in july 13, 2006 New York. The Acting Secretary-General registers a request for the institution of arbitration proceedings. (103) Branimir Mensik v. Slovak Republic (Case No. ARB/06/9) september 29, 2006 The Claimants withdraw all claims There have been no new developments advanced against Petroecuador in the in this case since the publication of the request for arbitration. 2006 ICSID Annual Report. october 13, 2006 The Secretary-General fixes a schedule (104) Chevron Block Twelve and Chevron for the filing of written pleadings Blocks Thirteen and Fourteen v. People’s pursuant to ICSID Arbitration Rule 39(5). Republic of Bangladesh (Case No. ARB/06/10) october 18, 2006 The Claimants file an application for april 14, 2007 provisional measures. The Tribunal holds its first session at The Hague and issues a procedural december 1, 2006 order concerning the Claimants’ The Respondent files observations application for provisional measures. on the Claimants’ application for provisional measures. may 7, 2007 The Tribunal issues a procedural order december 15, 2006 concerning the Respondent’s request The Claimants file a reply on to modify and revoke the Tribunal’s provisional measures. procedural order of April 14, 2007. december 30, 2006 may 23, 2007 The Respondent files a rejoinder on The Respondent files a memorial provisional measures. on jurisdiction. 38 ICSID


  • Page 45

    february 6, 2007 (108) Shell Brands International AG The Tribunal is constituted. Its members and Shell Nicaragua S.A. v. Republic of are: L.Yves Fortier (Canadian), President; Nicaragua (Case No. ARB/06/14 ) Brigitte Stern (French); and David A.R. Williams (New Zealand). august 11, 2006 The Acting Secretary-General may 2 – 3, 2007 registers a request for the institution The Tribunal holds its first session of arbitration proceedings. and a hearing on the application for provisional measures in Washington, D.C. september 21, 2006 The Claimants file an application for provisional measures. (106) Scancem International ANS v. Republic of Congo (Case No. ARB/06/12) december 1, 2006 The Respondent files observations july 17, 2006 on the Claimants’ request for The Acting Secretary-General provisional measures. registers a request for the institution of arbitration proceedings. december 20, 2006 The Claimants file a further submission in support of their application for (107) Aguaytia Energy, LLC v. Republic of provisional measures. Peru (Case No. ARB/06/13) january 10, 2007 july 18, 2006 The Respondent files a rejoinder The Acting Secretary-General on the Claimants’ application for registers a request for the institution provisional measures. of arbitration proceedings. february 20, 2007 march 27, 2007 The Claimants request the The Tribunal is constituted. Its members discontinuance of the proceeding are: Robert Briner (Swiss), President; J. pursuant to ICSID Arbitration Rule 44. William Rowley (Canadian); and Claus von Wobeser (Mexican). march 6, 2007 The Respondent informs the may 18, 2007 Secretary-General that it does not The Tribunal holds its first session in object to the discontinuance. Washington, D.C. march 12, 2007 The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44. ANNUAL REPORT 2007 39


  • Page 46

    (109) Azpetrol International Holdings april 23, 2007 B.V., Azpetrol Group B.V. and Azpetrol The Respondent files observations on Oil Services Group B.V. v. Republic of the application for provisional measures. Azerbaijan (Case No. ARB/06/15) may 1, 2007 august 30, 2006 The Claimant files its reply on the The Acting Secretary-General application for provisional measures. registers a request for the institution of arbitration proceedings. may 7, 2007 The Respondent files its rejoinder on january 18, 2007 the application for provisional measures. The Tribunal is constituted. Its members are: Arthur Watts (British), may 18, 2007 President; Charles N. Brower (U.S.); and The Tribunal holds its first session Christopher J. Greenwood (British). in London. april 2, 2007 The Tribunal holds its first session in (111) Técnicas Reunidas, S.A. and London. Eurocontrol, S.A. v. Republic of Ecuador (Case No. ARB/06/17) april 16, 2007 The Tribunal issues a procedural order october 31, 2006 concerning the procedural calendar. The Secretary-General registers a request for the institution of arbitration proceedings. (110) Barmek Holding A.S. v. Republic of Azerbaijan (Case No. ARB/06/16) (112) Cementownia “Nowa Huta” S.A. v. october 16, 2006 Republic of Turkey (Case No. ARB(AF)/06/2) The Secretary-General registers a request for the institution of november 16, 2006 arbitration proceedings. The Secretary-General registers a request for the institution of february 7, 2007 arbitration proceedings. The Tribunal is constituted. Its members are: Vaughan Lowe (British), President; may 11, 2007 Peter W. Galbraith (U.S.); and Brigitte The Tribunal is constituted. Its members Stern (French). are: Pierre Tercier (Swiss), President; Marc Lalonde (Canadian); and J. april 2, 2007 Christopher Thomas (Canadian). The Claimant files an application for provisional measures. 40 ICSID


  • Page 47

    (113) Joseph C. Lemire v. Ukraine june 21, 2007 (Case No. ARB/06/18) The Respondent files a memorial on jurisdiction. december 7, 2006 The Secretary-General registers a request for the institution of (116) City Oriente Limited v. Republic of arbitration proceedings. Ecuador and Empresa Estatal Petróleos del Ecuador (Petroecuador) june 14, 2007 (Case No. ARB/06/21) The Tribunal is constituted. Its members are: Juan Fernández-Armesto december 19, 2006 (Spanish), President; Jan Paulsson The Secretary-General registers a (French); and Jürgen Voss (German). request for the institution of arbitration proceedings. (114) Nations Energy, Inc. and others v. Republic of Panama (Case No. ARB/06/19) (117) Piero Foresti, Laura De Carli and others v. Republic of South Africa december 11, 2006 (Case No. ARB(AF)/07/1) The Secretary-General registers a request for the institution of january 8, 2007 arbitration proceedings. The Secretary-General registers a request for the institution of arbitration proceedings. (115) Newmont USA Limited and Newmont (Uzbekistan) Limited v. Republic of Uzbekistan (Case No. ARB/06/20) (118) Fondel Metal Participations B.V. v. Republic of Azerbaijan (Case No. ARB/07/1) december 12, 2006 The Secretary-General registers a january 9, 2007 request for the institution of The Secretary-General registers a arbitration proceedings. request for the institution of arbitration proceedings. february 7, 2007 The Tribunal is constituted. Its may 31, 2007 members are: V.V. Veeder (British), The Tribunal is constituted. Its members President; Christopher Greenwood are: David A.R. Williams (New Zealand), (British); and Marc Lalonde (Canadian). President; J. William Rowley (Canadian); and Stephen M. Schwebel (U.S.). may 26, 2007 The Tribunal holds its first session in Paris. ANNUAL REPORT 2007 41


  • Page 48

    (119) RSM Production Corporation v. (123) Tza Yap Shum v. Republic of Peru Central African Republic (Case No. ARB/07/6) (Case No. ARB/07/2) February 12, 2007 january 18, 2007 The Secretary-General registers a The Secretary-General registers a request for the institution of request for the institution of arbitration proceedings. arbitration proceedings. (120) Government of the Province of East (124) Global Gold Mining LLC v. Republic Kalimantan v. PT Kaltim Prima Coal and of Armenia (Case No. ARB/07/7) others (Case No. ARB/07/3) February 20, 2007 January 18, 2007 The Secretary-General registers a The Secretary-General registers a request for the institution of request for the institution of arbitration proceedings. arbitration proceedings. April 12, 2007 (125) Europe Cement Investment and The Tribunal is constituted. Its members Trade S.A. v. Republic of Turkey are: Gabrielle Kaufmann-Kohler (Swiss), (Case No. ARB(AF)/07/2) President; Albert Jan van den Berg (Dutch); and Michael Hwang (Singaporean). March 6, 2007 The Secretary-General registers a June 13, 2007 request for the institution of The Tribunal holds its first session arbitration proceedings. in London. (126) Alasdair Ross Anderson and (121) Eni Dación B.V. v. Bolivarian Republic others v. Republic of Costa Rica of Venezuela (Case No. ARB/07/4) (Case No. ARB(AF)/07/3) February 6, 2007 March 27, 2007 The Secretary-General registers a The Secretary-General registers a request for the institution of request for the institution of arbitration proceedings. arbitration proceedings. (122) Giovanna a Beccara and others v. (127) Giovanni Alemanni and others v. Argentine Republic (Case No. ARB/07/5) Argentine Republic (Case No. ARB/07/8) February 7, 2007 March 27, 2007 The Secretary-General registers a The Secretary-General registers a request for the institution of request for the institution of arbitration proceedings. arbitration proceedings. 42 ICSID


  • Page 49

    (128) Bureau Veritas, Inspection, Valuation, (130) ALAS International Assessment and Control, BIVAC B.V. v. Baustoffproduktions AG v. Bosnia and Republic of Paraguay (Case No. ARB/07/9) Herzegovina (Case No. ARB/07/11) April 11, 2007 May 9, 2007 The Secretary-General registers a The Secretary-General registers a request for the institution of request for the institution of arbitration proceedings. arbitration proceedings. (129) Meerapfel Söhne AG v. Central African Republic (Case No. ARB/07/10) April 25, 2007 The Secretary-General registers a request for the institution of arbitration proceedings. ANNUAL REPORT 2007 43


  • Page 50

    Annex 3 panels of ConCIlIators anD of arbItrators designAtions BY contRActing stAtes in fiscAL YeAR 2007 BeLgium new ZeALAnd Panel of Conciliators Panel of Arbitrators Designations effective February 9, 2007: Designation effective July 15, 2006: Jean-Paul Servais, Nicolas Angelet and Ian Barker Johan Erauw Panel of Arbitrators sAmoA Designations effective February 9, 2007: Panels of Conciliators and of Arbitrators Guy Keutgen (serving out the remainder Designation effective February 12, 2007: of André Faurès’ term, i.e. through Tuiloma Neroni Slade February 10, 2010) and Eddy Wymeersch (re-appointment) sPAin Panels of Conciliators and of Arbitrators democRAtic RePuBLic Designation effective April 27, 2007: of tHe congo Andrés Rigo Sureda (re-appointment) Panels of Conciliators and of Arbitrators Designation effective December 12, 2006: Kalala Tshibangu sweden Panel of Conciliators Designations effective November 27, 2006: finLAnd Claes Beyer, Lars Laurin, Jan Ramberg and Panel of Conciliators Eric M. Runesson Designations effective February 8, 2007: Antti Heikinheimo and Carita Wallgren Panel of Arbitrators Designations effective November 27, 2006: Panel of Arbitrators Hans Corell, Hans Danelius, Kaj Hobér Designations effective February 8, 2007: and Christer Söderlund Veijo Heiskanen, Gustav Möller, Antero Palaja and Leif Sévon RePuBLic of KoReA Panel of Arbitrators Designation effective February 27, 2007: Youngjin Jung 44 ICSID

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