Case Details
Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines (ICSID Case No. ARB/03/25)
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Construction of an airport terminal
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Transportation
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BIT Germany - Philippines 1997
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ICSID Convention - Arbitration Rules
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Fraport AG Frankfurt Airport Services Worldwide (German)
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Republic of the Philippines (Philippine)
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October 9, 2003
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February 11, 2004
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L. Yves FORTIER (Canadian) - Appointed by the Parties
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Bernardo M. CREMADES (Spanish) - Appointed by the Claimant(s)
W. Michael REISMAN (U.S.) - Appointed by the Respondent(s) -
Milbank, Tweed, Hadley & McCloy, New York, NY and Washington, D.C., U.S.A.
Siguion Reyna, Montecillo & Ongsiako, Makati City, Philippines -
Florentino P. Feliciano, Manila, Philippines
Solicitor General, Manila, Philippines
White & Case, Washington, D.C., U.S.A. -
English
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Concluded
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August 16, 2007 - The Tribunal renders its award, to which a dissenting opinion is attached.
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Claimant(s)
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January 8, 2008 (Claimant(s))
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April 14, 2008
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Peter TOMKA (Slovak)
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K&L Gates, Paris, France
Milbank, Tweed, Hadley & McCloy, Washington, D.C., U.S.A.
Shulman, Rogers, Gandal, Pordy & Ecker, Potomac, MD, U.S.A. -
Solicitor General, Manila, Philippines
Sycip Salazar Hernandez & Gatmaitan, Makati City, Philippines
White & Case, Washington, D.C., U.S.A. -
English
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Concluded
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December 23, 2010 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Published Decisions
(b) Annulment Proceeding
Published Decisions
Decision on Application for Disqualification of Counsel (English) (September 18, 2008)
(a) Original Proceeding
Date | Development |
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October 9, 2003 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
February 11, 2004 | The Tribunal is constituted. Its members are: L. Yves Fortier (Canadian), President; Bernardo M. Cremades (Spanish); and W. Michael Reisman (U.S.). |
April 20, 2004 | The Tribunal holds its first session in Washington, D.C. |
August 10, 2004 | The Claimant files its memorial on the merits. |
December 21, 2004 | The Respondent files its counter-memorial on the merits. |
February 6, 2005 - June 30, 2005 | The Tribunal issues successive procedural orders concerning the parties' requests for production of documents. |
April 8, 2005 | The Claimant files its reply on the merits. |
July 8, 2005 | The Tribunal issues a procedural order concerning the production of documents. |
July 13, 2005 | The Respondent files a rejoinder on jurisdiction and liability. |
July 19, 2005 - August 3, 2005 | The Tribunal issues successive procedural orders concerning the hearing on jurisdiction and liability. |
August 29, 2005 - August 30, 2005 | The Tribunal holds a hearing in Washington, D.C. |
August 30, 2005 - November 8, 2005 | The Tribunal issues successive procedural orders concerning procedural matters and the production of documents. |
November 23, 2005 | The Claimant files a sur-rejoinder. |
December 9, 2005 | The Tribunal issues a procedural order concerning various requests made by the parties. |
December 15, 2005 | The Tribunal holds a pre-hearing conference in Washington, D.C. |
December 20, 2005 - December 29, 2005 | The Tribunal issues successive procedural orders concerning various requests made by the parties. |
January 6, 2006 - January 17, 2006 | The Tribunal holds a hearing on jurisdiction and liability in Washington, D.C. |
June 6, 2006 | The Tribunal issues a procedural order concerning the schedule for additional written filings by the parties. |
June 6, 2006 - June 23, 2006 | The Tribunal issues successive procedural orders concerning the amendment of the schedule for additional written filings by the parties. |
July 18, 2006 | The Tribunal issues a procedural order concerning the timetable for additional written filings. |
August 15, 2006 | The Respondent files a supplemental post-hearing brief. |
September 15, 2006 | The Claimant files a supplemental post-hearing brief in response. |
October 25, 2006 | The Tribunal declares the proceeding closed except for matters concerning the ongoing local proceedings. |
January 31, 2007 | The Respondent files an update concerning the ongoing local proceedings. |
March 14, 2007 - March 15, 2007 | The Respondent produces further documents concerning the ongoing local proceedings following the request of the Tribunal. |
March 26, 2007 | The Claimant produces further documents concerning the ongoing local proceedings following the request of the Tribunal. |
June 13, 2007 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
August 16, 2007 | The Tribunal renders its award, to which a dissenting opinion is attached. |
(b) Annulment Proceeding
Date | Development |
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January 8, 2008 | The Acting Secretary-General registers an application for the institution of annulment proceedings. |
April 14, 2008 | The ad hoc Committee is constituted. Its members are: Peter Tomka (Slovak), President; Dominique Hascher (French); and Campbell McLachlan (New Zealand). |
June 11, 2008 | The ad hoc Committee holds a first session at The Hague. |
July 9, 2008 | The Republic of the Philippines files an application for the disqualification of counsel. |
July 23, 2008 | Fraport AG Frankfurt Airport Services Worldwide files observations on the application for the disqualification of counsel. |
July 25, 2008 | The ad hoc Committee invites the parties to file further observations on the application for the disqualification of counsel. |
August 12, 2008 | Fraport AG Frankfurt Airport Services Worldwide files further observations on the application for the disqualification of counsel. |
August 15, 2008 | The Republic of the Philippines files further observations on its application for the disqualification of counsel. |
August 19, 2008 | Fraport AG Frankfurt Airport Services Worldwide files a response to the further observations filed by the Republic of the Philippines on August 15, 2008. |
September 18, 2008 | The ad hoc Committee issues a decision on the Republic of the Philippines' application for the disqualification of counsel. |
September 25, 2008 | Fraport AG Frankfurt Airport Services Worldwide files a memorial on annulment. |
January 15, 2009 | The Republic of the Philippines files a counter-memorial on annulment. |
April 2, 2009 | Fraport AG Frankfurt Airport Services Worldwide files a request for an order of protection, pursuant to Article 44 of the ICSID Convention. |
April 8, 2009 | The ad hoc Committee invites the Republic of the Philippines to file further observations on the request for an order of protection. |
April 15, 2009 | Fraport AG Frankfurt Airport Services Worldwide files a reply on annulment. The Republic of the Philippines files observations on the request for an order of protection. |
April 16, 2009 | The ad hoc Committee invites the parties to file further observations on the request for an order of protection. |
April 21, 2009 | Fraport AG Frankfurt Airport Services Worldwide files further observations on its request for an order of protection. |
April 24, 2009 | The Republic of the Philippines files further observations on the request for an order of protection. |
June 3, 2009 | The ad hoc Committee issues a decision on the request for an order of protection. |
July 15, 2009 | The Republic of the Philippines files a rejoinder on annulment. |
August 24, 2009 - August 26, 2009 | The Tribunal holds a hearing on annulment in Washington, D.C. |
October 15, 2009 | The parties file statements of costs. |
October 22, 2010 | The ad hoc Committee declares the proceeding closed. |
December 23, 2010 | The ad hoc Committee issues its decision on annulment. |