Case Details
Getma International and others v. Republic of Guinea (ICSID Case No. ARB/11/29)
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Port development project
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Transportation
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Investment Law - Guinea (1987)
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ICSID Convention - Arbitration Rules
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Getma International (French), Getma International Investissements (French), NCT Infrastructure & Logistique (French), NCT Necotrans (French)
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Republic of Guinea (Guinean)
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November 3, 2011
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February 2, 2012
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Vera VAN HOUTTE (Belgian) - Appointed by the Parties
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Bernardo M. CREMADES (Spanish) - Appointed by the Claimant(s)
Pierre TERCIER (Swiss) - Appointed by the Respondent(s) -
Fischer, Tandeau de Marsac, Sur & Associés, Paris, France
PLMJ - A.M. Pereira, Sáragga Leal, Oliveira Martins, Júdice e Associados RL, Lisbon, Portugal -
Edasso Rodrigue Bayala, Ouagadougou, Burkina Faso
Orrick Rambaud Martel, Paris, France -
French
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Concluded
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August 16, 2016 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Bernardo M. Cremades.
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Claimant(s)
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October 14, 2016 (Claimant(s))
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Fischer, Tandeau de Marsac, Sur & Associés, Paris, France
PLMJ - A.M. Pereira, Sáragga Leal, Oliveira Martins, Júdice e Associados RL, Lisbon, Portugal -
Edasso Rodrigue Bayala, Ouagadougou, Burkina Faso
Orrick Rambaud Martel, Paris, France -
French
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Concluded
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December 13, 2016 - The Tribunal issues its decision on the request for supplementary decision.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Supplementary Decision Proceeding
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on the Proposal for Disqualification of Arbitrator Bernardo M. Cremades
Decision on Jurisdiction
Award of the Tribunal
Available on the ICSID Website
Decision on the Proposal for Disqualification of Arbitrator Bernardo M. Cremades (June 28, 2012) French (Original)
Decision on Jurisdiction (December 29, 2012) French (Original)
Award of the Tribunal (August 16, 2016) French (Original)
(b) Supplementary Decision Proceeding
Published Decisions
Decision on Claimants’ Request for Supplementary Decision of the Award
Available on the ICSID Website
Decision on Claimants’ Request for Supplementary Decision of the Award (December 13, 2016) French (Original)
(a) Original Proceeding
Date | Development |
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November 3, 2011 | The Secretary-General registers a request for the institution of arbitration proceedings. |
December 15, 2011 | Following appointment by the Respondent, Pierre Tercier (Swiss) accepts his appointment as arbitrator. |
December 15, 2011 | Following appointment by the Claimant, Bernardo M. Cremades (Spanish) accepts his appointment as arbitrator. |
February 2, 2012 | Following appointment by the parties, Vera Van Houtte (Belgian) accepts her appointment as presiding arbitrator. |
February 2, 2012 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Vera Van Houtte (Belgian), President, appointed by agreement of the parties; Bernardo M. Cremades (Spanish), appointed by the Claimant; and Pierre Tercier (Swiss), appointed by the Respondent. |
March 30, 2012 | The Tribunal holds a first session in Paris. |
April 16, 2012 | The Respondent files a proposal for disqualification of arbitrator Bernardo M. Cremades. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
April 26, 2012 | The Claimants file observations on the proposal for disqualification. |
May 7, 2012 | The Respondent files a response to the Claimants' observations of April 26, 2012. |
May 11, 2012 | The Claimants file further observations on the Respondent's response of May 7 2012. |
June 22, 2012 | The Respondent files a memorial on jurisdiction. |
June 28, 2012 | The proposal for disqualification of arbitrator Bernardo M. Cremades is declined by the Chairman of the ICSID Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
July 13, 2012 | The Claimants file a counter-memorial on jurisdiction. |
August 6, 2012 | The Respondent files a reply on jurisdiction. |
September 7, 2012 | The Claimants file a rejoinder on jurisdiction. |
September 28, 2012 | The Tribunal holds a hearing on jurisdiction in Paris. |
December 29, 2012 | The Tribunal issues a decision on jurisdiction. |
February 11, 2013 | The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
February 12, 2013 | The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d). |
August 22, 2013 | The proceeding is resumed following payment of the required advances. |
October 1, 2013 | The Tribunal issues Procedural Order No. 1 concerning the suspension of the proceeding. |
November 28, 2013 | The Tribunal issues Procedural Order No. 2 concerning the suspension of the proceeding. |
January 13, 2014 | The Tribunal issues Procedural Order No. 3 concerning the suspension of the proceeding. |
April 16, 2014 | The Tribunal issues Procedural Order No. 4 concerning the suspension of the proceeding. |
June 17, 2014 | The proceeding is resumed. |
July 7, 2014 | The Tribunal issues Procedural Order No. 5 concerning the procedural calendar. |
November 17, 2014 | The Claimants file a memorial on the merits. |
March 30, 2015 | The Respondent files a counter-memorial on the merits. |
May 15, 2015 | Each party files a request for the Tribunal to decide on production of documents. |
June 3, 2015 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
June 11, 2015 | The Tribunal issues Procedural Order No. 7 concerning production of documents. |
July 15, 2015 | The Claimants file a reply on the merits. |
October 15, 2015 | The Respondent files a rejoinder on the merits. |
November 2, 2015 | The Tribunal issues Procedural Order No. 8 concerning procedural matters. |
November 10, 2015 | The Tribunal issues Procedural Order No. 9 concerning procedural matters. |
November 19, 2015 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
November 23, 2015 - November 25, 2015 | The Tribunal holds a hearing on the merits in Paris. |
February 3, 2016 | Each party files a post-hearing brief. |
February 17, 2016 | Each party files a statement of costs. |
July 20, 2016 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
August 16, 2016 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Bernardo M. Cremades. |
(b) Supplementary Decision Proceeding
Date | Development |
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October 14, 2016 | The Claimants file a request for a supplementary decision of the award. |
October 18, 2016 | The Respondent files observations on the request for supplementary decision. |
December 13, 2016 | The Tribunal issues its decision on the request for supplementary decision. |