Case Details
Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan (ICSID Case No. ARB/12/1)
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Mineral exploration operations
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Oil, Gas & Mining
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BIT Pakistan - Australia 1998
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ICSID Convention - Arbitration Rules
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Tethyan Copper Company Pty Limited (Australian)
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Islamic Republic of Pakistan (Pakistani)
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January 12, 2012
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July 12, 2012
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Klaus SACHS (German) - Appointed by the Parties
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Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Leonard HOFFMANN (British) - Appointed by the Respondent(s) -
Klaus SACHS (German)
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September 10, 2012: Stanimir A. ALEXANDROV (Bulgarian) appointed following the resignation of John BEECHEY (British)
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Debevoise & Plimpton, New York, NY, U.S.A. and London, U.K.
HaidermotaBNR, Lahore, Pakistan -
Office of the Attorney General for Pakistan
GST, Washington, D.C., and Miami U.S.A.
Axis Law Chambers, Lahore, Pakistan
URJ & Co, Lahore, Pakistan -
English
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Concluded
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July 12, 2019 - The Tribunal renders its award.
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Respondent(s)
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November 18, 2019 (Respondent(s))
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March 25, 2020
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Joongi KIM (Korean)
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Debevoise & Plimpton, New York, NY, U.S.A. and London, U.K.
Feisal Hussain Naqvi, Lahore, Pakistan
Bhandari Naqvi Riaz, Lahore, Pakistan -
Office of the Attorney General for Pakistan
GST, Washington, DC, U.S.A.
Linklaters, London, U.K.; Washington, DC, U.S.A. -
English
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Concluded
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January 6, 2023 - The Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
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Respondent(s)
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March 16, 2021 (Respondent(s))
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April 5, 2021
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Klaus SACHS (German) - Appointed by the Parties
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Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Claimant(s)
Leonard HOFFMANN (British) - Appointed by the Respondent(s) -
Debevoise & Plimpton, New York, NY, U.S.A. and London, U.K.
Feisal Hussain Naqvi, Lahore, Pakistan
Bhandari Naqvi Riaz, Lahore, Pakistan -
Office of the Attorney General for Pakistan
White & Case, London, U.K. -
English
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Concluded
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January 6, 2023 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(c) Revision Proceeding
Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Claimant's Request for Provisional Measures
Decision on Jurisdiction and Liability (English;)
Decision on Respondent's Application to Dismiss the Claims (With Reasons) (English;)
Award of the Tribunal (English;)
Available on the ICSID Website
Decision on Claimant's Request for Provisional Measures (December 13, 2012) English (Original)
(b) Annulment Proceeding
Published Decisions
Procedural Order Taking Note of the discontinuance of the Proceeding
Available on the ICSID Website
Procedural Order Taking Note of the discontinuance of the Proceeding (January 6, 2023) English (Original)
(a) Original Proceeding
Date | Development |
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January 12, 2012 | The Secretary-General registers a request for the institution of arbitration proceedings. |
June 1, 2012 | Following appointment by the Claimant, John Beechey (British) accepts his appointment as arbitrator. |
June 13, 2012 | Following appointment by the Respondent, Leonard Hoffmann (British) accepts his appointment as arbitrator. |
July 12, 2012 | Following appointment by the parties, Klaus Sachs (German) accepts his appointment as presiding arbitrator. |
July 12, 2012 | The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Klaus Sachs (German),(President, appointed by agreement of the parties;, John Beechey (British),appointed by the Claimant; and Leonard Hoffmann (British), appointed by the Respondent. |
July 23, 2012 | The Claimant files a request for provisional measures. |
July 23, 2012 | The Respondent files a proposal for disqualification of arbitrator John Beechey. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
July 26, 2012 | The Respondent files further information concerning its proposal of July 23, 2012. |
July 31, 2012 | The Claimant files observations on the proposal for disqualification. |
August 3, 2012 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
August 31, 2012 | Each party files observations on the arbitrator's explanations of August 3, 2012. |
September 7, 2012 | The Tribunal consents to the resignation of arbitrator John Beechey pursuant to ICSID Arbitration Rule 8(2) and the Secretary General notifies the parties thereof. Following the resignation of arbitrator John Beechey, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
September 10, 2012 | Following the resignation of John Beechey, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1). |
September 10, 2012 | The Tribunal is reconstituted. Its members are: Klaus Sachs (German), President, appointed by agreement of the parties; Stanimir Alexandrov (Bulgarian), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Leonard Hoffmann (British), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
October 15, 2012 | The Claimant files a reply on provisional measures. |
October 29, 2012 | The Respondent files a rejoinder on provisional measures. |
November 6, 2012 | The Tribunal holds a first session and a hearing on Provisional Measures in London. |
December 3, 2012 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
December 13, 2012 | The Tribunal issues a decision on provisional measures. |
February 1, 2013 | The Claimant files a memorial on the merits. |
May 8, 2013 | The Respondent files preliminary objections to jurisdiction pursuant to ICSID Arbitration Rule 41(1); a request to address the preliminary objections to jurisdiction as a preliminary question; and a request for the Tribunal to decide on production of documents. |
May 20, 2013 | The Claimant files observations on the request to address the preliminary objections to jurisdiction as a preliminary question. |
May 22, 2013 | The Respondent files a response to the Claimant’s observations of May 20, 2014. The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents. |
May 29, 2013 | The Tribunal issues Procedural Order No. 2 concerning Respondent’s requests of May 8, 2013. |
September 30, 2013 | The Respondent files a memorial on jurisdiction and admissibility, and a counter-memorial on the merits, including counter-claims. |
October 21, 2013 | The Respondent files a request for the suspension of the proceeding. |
October 30, 2013 | The Claimant files observations on the Respondent's request for the suspension of the proceeding. |
November 11, 2013 | The Tribunal decides on the Respondent's request for the suspension of the proceeding. |
December 11, 2013 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
December 19, 2013 | The Tribunal issues Procedural Order No. 3 concerning production of documents. |
February 10, 2014 | The Claimant files a request for the Tribunal to decide on confidentiality of documents. |
February 14, 2014 | The Respondent files observations on the Claimant's request of February 10, 2014. |
February 19, 2014 | The Claimant files a response to the Respondent's observations of February 14, 2014. |
February 27, 2014 | The Tribunal issues Procedural Order No. 4 concerning confidentiality of documents. |
March 31, 2014 | The Claimant renews its request of December 11, 2013 for the Tribunal to decide on production of documents. |
April 7, 2014 | The Respondent files observations on the Claimant's renewed request for the Tribunal to decide on production of documents. |
April 9, 2014 | The Tribunal decides on production of documents. |
April 23, 2014 | The Claimant files a counter-memorial on jurisdiction, admissibility and counter-claims and a reply on the merits. |
May 7, 2014 | The Respondent files a request for the Tribunal to decide on production of documents. |
May 10, 2014 | The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents. |
May 11, 2014 | The Respondent files a response to the Claimant's observations of May 10, 2014. |
May 14, 2014 | The Tribunal decides on production of documents. |
June 5, 2014 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
June 18, 2014 | The Claimants files observations on the Respondent’s request of June 5, 2014. |
June 21, 2014 | The Tribunal decides on the admissibility of new evidence. |
August 25, 2014 | The Respondent files a reply on jurisdiction, admissibility and counter-claims and a rejoinder on the merits. |
September 12, 2014 | The Claimant files a rejoinder on jurisdiction, admissibility and counter-claims. |
September 27, 2014 | The Claimant files a request for the exclusion of evidence. |
September 28, 2014 | The Claimant files a request for the Tribunal to decide on the admissibility of new evidence. |
September 30, 2014 | The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. |
October 1, 2014 | The Respondent files observations on the Claimant’s requests of September 27 and 28, 2014. |
October 2, 2014 | The Tribunal decides on the exclusion of evidence and the admissibility of new evidence. |
October 6, 2014 - October 17, 2014 | The Tribunal holds a hearing on jurisdiction, liability and the counter-claims in Paris. |
October 7, 2014 | The Claimant files a request for the exclusion of evidence and for the Tribunal to reconsider certain aspects of its decision on the admissibility of new evidence of October 2, 2014. |
October 8, 2014 | The Respondent files observations on the Claimant’s request of October 7, 2014. |
October 10, 2014 | The Tribunal decides Claimant’s request for reconsideration and exclusion of evidence. |
October 17, 2014 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
October 27, 2014 | The Claimant files observations on the Respondent’s request of October 17, 2014, and a further request for the Tribunal to decide on the admissibility of new evidence. |
November 3, 2014 | The Respondent files a response to the Claimant’s observations and request of October 27, 2014. |
November 7, 2014 | The Claimant files further observations on the Respondent’s response of November 3, 2014. |
November 10, 2014 | The Tribunal decides on admissibility of new evidence, procedural matters and the procedural calendar. |
January 15, 2015 | Each party files a post-hearing brief. |
March 2, 2015 | Each party files a statement of costs. |
July 21, 2015 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
August 12, 2015 | The Claimant files observations on the Respondent’s request of July 21, 2015. |
August 17, 2015 | The Respondent files a response to the Claimant’s observations of August 12, 2015. |
August 31, 2015 | The Claimant files a request for the Tribunal to decide on confidentiality of communications. |
September 2, 2015 | The Respondent files an application to dismiss the claims. |
September 8, 2015 | The Respondent files further observations on the Claimant’s request of August 31, 2015. |
September 15, 2015 | The Claimant files a response to the Respondent’s further observations of September 8, 2015. |
September 24, 2015 | The Tribunal issues Procedural order No. 5 concerning confidentiality of communications. |
October 5, 2015 | The Respondent supplements its request for the Tribunal to decide on the admissibility of new evidence of July 21, 2015. |
October 16, 2015 | The Claimant files observations on the Respondent’s application to dismiss the claims. |
November 10, 2015 | The Respondent files a response to the Claimant’s observations on the Respondent’s application to dismiss the claims. |
February 3, 2016 | The Tribunal provides a draft decision on jurisdiction and liability to the parties. |
March 11, 2016 | The Claimant files a rejoinder on the application to dismiss the claims, a request for the Tribunal to decide on confidentiality of evidence and a request for the Tribunal to decide on the admissibility of new evidence. |
April 4, 2016 | The Tribunal issues Procedural Order No. 6 concerning procedural matters. |
April 6, 2016 | The Respondent files observations on the Claimant’s request for the confidentiality of evidence. The Respondent files observations on the Claimant’s request for the admissibility of new evidence. |
April 12, 2016 | The Claimant files a reply on the confidentiality of evidence. The Claimant files a reply on the admissibility of new evidence. |
April 18, 2016 | The Respondent files a rejoinder on the confidentiality of evidence. The Respondent files a rejoinder on the admissibility of new evidence. |
April 21, 2016 | The Tribunal issues Procedural Order No. 7 concerning the confidentiality of evidence and the admissibility of new evidence. |
April 26, 2016 | Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents. |
May 2, 2016 | The Tribunal issues Procedural Order No. 8 concerning the confidentiality of evidence. |
May 12, 2016 | The Tribunal issues Procedural Order No. 9 concerning production of documents. |
May 20, 2016 | The Tribunal issues Procedural Order No. 10 concerning production of documents. |
June 8, 2016 | The Claimant files a request for reconsideration of the Tribunal’s Procedural Order No. 7 of April 21, 2016. |
June 10, 2016 | The Tribunal issues Procedural Order No. 11 concerning production of documents. The Respondent files a request for the Tribunal to decide on production of documents. |
June 13, 2016 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
June 14, 2016 | The Respondent files observations on the Claimant’s request of June 8, 2016. |
June 15, 2016 | The Tribunal decides on the Claimant’s request of June 8, 2016. |
June 16, 2016 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents. |
June 20, 2016 | The Claimant files observations on the Respondent’s request of June 13, 2016. |
June 21, 2016 | The Tribunal decides on production of documents. |
June 23, 2016 | The Respondent files a response to the Claimant’s observations of June 20, 2016. |
June 28, 2016 | The Claimant files further observations on the Respondent’s request of June 13, 2016. |
July 1, 2016 | The Tribunal decides on the Respondent’s request of June 13, 2016. The Claimant files a renewed request for the Tribunal to decide on production of documents, including a request for production of original documents for inspection. |
July 4, 2016 | The Tribunal decides on production of documents and on the Claimant’s request for production of original documents for inspection. |
July 6, 2016 | The Respondent files observations on the Claimant’s requests of July 1, 2016 and on the Tribunal’s decision of July 4, 2016. |
July 15, 2016 | The Respondent files a reply on its application to dismiss the claims. The Respondent files a request for reconsideration of the Tribunal’s decision of July 4, 2016 concerning the request for production of original documents for inspection. |
July 19, 2016 | The Claimant files observations on the Respondent’s request of July 15, 2016 concerning the request for production of original documents for inspection. |
July 27, 2016 | The Respondent files a response concerning the request for production of original documents for inspection. |
August 2, 2016 | The Claimant files further observations concerning the request for production of original documents for inspection. |
August 4, 2016 | The Tribunal poses questions to the parties concerning the request for production of original documents for inspection. |
August 12, 2016 | Each party files answers to the questions posed by the Tribunal on August 4, 2016. |
September 1, 2016 | The Claimant files further observations concerning the request for production of original documents for inspection. |
September 2, 2016 | The Tribunal proposes a procedure for the appointment of an independent expert for the document inspection. |
September 5, 2016 | The Respondent files a renewed request for the Tribunal to decide on production of documents. |
September 13, 2016 | The Claimant files observations on the Tribunal’s proposal or September 2, 2016. |
September 15, 2016 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. The Claimant files observations on the Respondent’s request of September 15, 2016. |
September 16, 2016 | The Tribunal decides on the admissibility of new evidence. The Claimant files a rejoinder on the Respondent’s application to dismiss the claims, including a request for the exclusion of evidence. |
September 19, 2016 | The Respondent files a response to the Claimant’s observations of September 13, 2016. |
September 20, 2016 | The Claimant files observations on the Respondent’s renewed request for the Tribunal to decide on production of documents. |
September 21, 2016 | The Claimant files further observations on the Respondent’s response of September 19, 2016. |
September 23, 2016 | The Respondent files a request for the exclusion of evidence. |
September 26, 2016 | The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference. The Tribunal issues Procedural Order No. 12 concerning production of documents. |
September 28, 2016 | The Respondent files observations on the Claimant’s request for the exclusion of evidence. The Claimant files a further request for the confidentiality of evidence. |
September 29, 2016 | The Tribunal decides on the Respondent’s request for the exclusion of evidence. |
September 30, 2016 | The Respondent files a supplemental reply on its application to dismiss the claims. |
October 3, 2016 | The Respondent files observations on the Claimant’s further request for the confidentiality of evidence. The Claimant files a response to the Respondent’s observations of September 28, 2016. |
October 5, 2016 | The Claimant files a supplemental rejoinder on the Respondent’s application to dismiss the claims. The Tribunal decides on the Claimant’s further request for the confidentiality of evidence. The Respondent files a request for the Tribunal to decide on production of documents The Claimant files a renewed request for the Tribunal to decide on production of original documents for inspection. |
October 6, 2016 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents. |
October 7, 2016 | The Tribunal decides on production of documents. The Respondent files observations on the Claimant’s renewed request of October 5, 2016. |
October 10, 2016 - October 15, 2016 | The Tribunal holds a hearing on the Respondent’s application to dismiss the claims in Paris. |
October 13, 2016 | The Respondent files further observations on the Claimant’s renewed request of October 5, 2016. |
October 19, 2016 | The Claimant files a response to the Respondent’s further observations of October 13, 2016. |
October 20, 2016 | The Tribunal decides on the production of original documents for inspection. |
October 26, 2016 | The Respondent files observations on the Tribunal’s decision of October 20, 2016. The Respondent files a request for reconsideration of the Tribunal’s decision of October 7, 2017 on production of documents, and a request for the Tribunal to decide on the admissibility of new evidence. The Claimant files a further request for the Tribunal to decide on confidentiality of evidence. The Respondent files observations on the Claimant’s request of October 26, 2016. |
October 31, 2016 | The Respondent files further observations on the Claimant’s request of October 26, 2016. |
November 2, 2016 | The Claimant files observations on the Respondent’s requests, and a response on the Respondent’s observations of October 26, 2016. |
November 4, 2016 | The Claimant files a response to the Respondent’s observations of October 31, 2016. The Tribunal decides on the production of original documents for inspection. |
November 7, 2016 | The Respondent files a response to the Claimant’s observations of November 2, 2016. |
November 9, 2016 | The Claimant files further observations on the Respondent’s request of October 26, 2016. |
November 10, 2016 | The Tribunal decides on the confidentiality of evidence. |
November 11, 2016 | The Tribunal decides on the reconsideration request, production of documents and on admissibility of new evidence. |
November 25, 2016 | The Respondent files a further request for the Tribunal to decide on the admissibility of new evidence. |
November 30, 2016 | The Claimant files observations of the Respondent’s request of November 25, 2016. |
December 1, 2016 | The Tribunal decides on the admissibility of new evidence. |
December 5, 2016 - December 10, 2016 | The Tribunal holds a continuation of the hearing on the Respondent’s application to dismiss the claims in Hong Kong. |
January 9, 2017 | The Claimant files a request for the exclusion of evidence. |
January 10, 2017 | The Respondent files a submission on the inspection of documents. |
January 12, 2017 | The Respondent files observations on the Claimant’s request for the exclusion of evidence. |
January 15, 2017 | The Tribunal decides on the exclusion of evidence. |
January 20, 2017 | The Respondent files a request for reconsideration of certain aspects of the Tribunal’s decision of January 15, 2017. |
January 24, 2017 | The Claimant files observations on the Respondent’s request of January 20, 2017. |
January 25, 2017 | The Claimant files observations on the Respondent’s request of January 20, 2017. |
February 9, 2017 | The Claimant files observations on the Respondent’s submission on the inspection of documents. The Respondent files a request for request for reconsideration of certain aspects of the Tribunal’s decision on the confidentiality of evidence. |
February 14, 2017 | The Claimant files observations on the Respondent’s request of February 9, 2017. The Respondent files a response to the Claimant’s observations of February 14, 2017. |
February 15, 2017 | The Tribunal decides on the confidentiality of evidence. |
February 21, 2017 | The Tribunal holds a hearing on the inspection of documents in Paris. |
March 7, 2017 | Each party files a post-hearing brief on the Respondent’s application to dismiss the claims. |
March 20, 2017 | The Tribunal issues a decision on the Respondent’s application to dismiss the claims. |
March 23, 2017 | The Claimant files a memorial on quantum. |
April 11, 2017 | The Respondent files a request for the Tribunal to decide on production of documents and for a site visit. |
April 19, 2017 | The Claimant files observations on the Respondent’s requests of April 11, 2017 and a further request for the Tribunal to decide on confidentiality of evidence. |
April 20, 2017 | Each party files a statement of costs. |
April 21, 2017 | The Respondent files a response to the Claimant’s observations of April 19, 2017. |
April 24, 2017 | Each party files a submission on confidentiality of evidence. |
April 25, 2017 | The Claimant files further observations on the Respondent’s response of April 21, 2017. |
May 5, 2017 | The Tribunal issues Procedural Order No. 13 concerning production of documents, a site visit and confidentiality of evidence. |
May 12, 2017 | The parties file a request for the Tribunal to amend Procedural Order No. 13, as agreed by the parties. |
May 15, 2017 | The Tribunal issues Procedural Order No. 14 concerning the parties request for the Tribunal to amend Procedural Order No. 13. |
May 17, 2017 | The Claimant files an amended statement of costs. |
May 24, 2017 | The Respondent renews its request of April 11, 2017 for a site visit. |
May 26, 2017 | The Claimant files observations on the Respondent’s renewed request of May 24, 2017. |
June 1, 2017 | The Tribunal issues Procedural Order No. 15 concerning a site visit. |
June 19, 2017 | Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents. |
June 23, 2017 | The Tribunal issues Procedural Order No. 16 concerning production of documents. |
June 26, 2017 | The Claimant files a request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16 concerning the procedural calendar and a site visit. |
June 30, 2017 | The Respondent files observations on the Respondent’s request of June 26, 2017. |
July 3, 2017 | The Claimant files a response to the Respondent’s observations of June 30, 2017. The Respondent files further observations on the Claimant’s response of July 3, 2017. |
July 4, 2017 | The Tribunal issues Procedural Order No. 17 concerning the Claimant’s request for the Tribunal to amend Procedural Order No. 16. |
July 7, 2017 | The Respondent files a proposal for disqualification of arbitrator Stanimir Alexandrov. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
July 11, 2017 | The Claimant files a request for the Tribunal to dismiss the Respondent’s proposal of July 7, 2017. The Respondent files observations of the Claimant’s request of July 11, 2017. |
July 13, 2017 | The Tribunal decides on the Claimant’s request of July 11, 2017. |
July 18, 2017 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). The Claimant files observations on the proposal for disqualification. |
September 5, 2017 | The proposal for disqualification of arbitrator Stanimir Alexandrov is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
September 8, 2017 | Each party files a request for the Tribunal to amend certain aspects of its Procedural Order No. 17 concerning the procedural calendar. |
September 14, 2017 | Each party files observations on the other party’s request of September 8, 2017. The Respondent files a renewed request for the Tribunal to decide on production of documents. |
September 20, 2017 | The Respondent files a counter-memorial on quantum. |
September 22, 2017 | The Claimant files observations on the Respondent’s renewed request for the Tribunal to decide on production of documents. |
September 27, 2017 | The Respondent files a response to the Claimant’s observations of September 22, 2017, including specific requests for relief. |
October 9, 2017 | The Claimant files further observations on the Respondent’s response and specific requests for relief of September 27, 2017. |
October 11, 2017 | The Respondent files a request for the Tribunal to decide on the access to the project records and the procedural calendar. |
October 12, 2017 | The Tribunal issues Procedural Order No. 18 concerning production of documents. |
October 13, 2017 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on the access to the project records and the procedural calendar. |
October 15, 2017 | The Respondent files a response to the Respondent’s observations of October 13, 2017. |
October 17, 2017 | The Claimant files further observations on the Respondent’s response of October 15, 2017. |
October 18, 2017 | The Tribunal provides directions to the parties concerning a site visit and the access to the project records. The Respondent files observations on the Tribunal’s recommendations of October 18, 2017. |
October 19, 2017 | The Tribunal issues Procedural Order No. 19 concerning the procedural calendar. The Tribunal provides further directions to the parties concerning a site visit and the access to the project records. |
October 20, 2017 | Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents. |
October 26, 2017 | The Respondent files a renewed request for the Tribunal to decide on a site visit and the access to the project records. The Claimant files observations on the Respondent's renewed requests of October 26, 2017. |
October 27, 2017 | The Tribunal issues Procedural Order No. 20 concerning production of documents. The Tribunal provides directions to the parties concerning a site visit and the access to the project records. |
November 6, 2017 | The Respondent files a request for reconsideration of the Tribunal’s draft decision on jurisdiction and liability of February 3, 2016. |
November 10, 2017 | The Tribunal issues a decision on jurisdiction and liability. The Tribunal issues a decision on the Respondent’s application to dismiss the claims. |
November 10, 2017 | The Claimant files a request for the Tribunal to summarily dismiss the Respondent’s request for reconsideration of November 6, 2017. |
November 21, 2017 | The Respondent files observations on the Claimant’s request of November 10, 2017. |
November 25, 2017 | The Respondent files a proposal for disqualification of arbitrators Klaus Sachs, Stanimir Alexandrov and Leonard Hoffmann. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
December 1, 2017 | The Claimant files observations on the proposal for disqualification. |
December 6, 2017 | Arbitrator Stanimir Alexandrov furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
December 13, 2017 | The Claimant files a reply on quantum. |
December 15, 2017 | Each party files further observations on the proposal for disqualification. |
February 5, 2018 | The proposal for disqualification of the three members of the Tribunal is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
February 7, 2018 | The Respondent files a request for the exclusion of evidence and spoliation sanctions, and a request for the Tribunal to decide on production of evidence. |
February 9, 2018 | The Claimant files observations on the Respondent’s request of February 7, 2018 concerning production of evidence. |
February 12, 2018 | The Tribunal issues Procedural Order No. 21 concerning production of evidence and the procedural calendar. |
February 15, 2018 | The Claimant files a request for provisional measures. |
February 16, 2018 | The Respondent files a request for clarification and reconsideration of the Tribunal’s Procedural Order No. 21. |
February 19, 2018 | The Respondent files preliminary observations on the Claimant’s request for provisional measures. |
February 21, 2018 | The Tribunal issues Procedural Order No. 22 concerning the Respondent’s request of February 16, 2018 and other procedural matters. |
February 23, 2018 | The Claimant files observations on the Respondent’s request for the exclusion of evidence and spoliation sanctions. |
February 23, 2018 | The Respondent files observations on the Claimant’s request for provisional measures. |
February 26, 2018 | The Respondent files a site visit report. |
February 28, 2018 | The Claimant files a renewed request for the Tribunal to decide on production of documents. |
February 28, 2018 | The Tribunal issues a decision on the Respondent’s request for reconsideration of November 6, 2017. |
March 2, 2018 | The Claimant files a reply on provisional measures. |
March 4, 2018 | The Claimant files observations on the site visit report. |
March 5, 2018 | The Respondent files a reply on the exclusion of evidence and spoliation sanctions. |
March 7, 2018 | The Respondent files a response to the Claimant’s observations on the site visit report. |
March 7, 2018 | The Respondent files observations on the Claimant’s renewed request for the Tribunal to decide on production of documents. |
March 9, 2018 | The Respondent files a rejoinder on provisional measures. |
March 12, 2018 | The Tribunal issues Procedural Order No. 23 concerning production of documents. |
March 13, 2018 | The Claimant files a rejoinder on the exclusion of evidence and spoliation sanctions. |
March 16, 2018 | The Tribunal issues Procedural Order No. 24 concerning the exclusion of evidence and spoliation sanctions. |
March 19, 2018 | The Respondent files a request for the Tribunal to reconsider certain aspects of its Procedural Order No. 23 concerning production of documents. |
March 20, 2018 | The Respondent files a submission on the site visit and the extraction and transportation of water. The Respondent files an expert report on metallurgical testing. |
March 21, 2018 | The Claimant files observations on the Respondent’s request of March 19, 2018. |
March 22, 2018 | The Tribunal decides on the Respondent’s request of March 19, 2018. |
March 29, 2018 | The Respondent files a rejoinder on quantum. |
April 9, 2018 | The Claimant files a supplemental reply on quantum. |
April 16, 2018 | The Claimant files a submission concerning the site visit reports. |
April 18, 2018 | Each party files a communication concerning the organization of the hearing. |
April 23, 2018 | The Claimant files a request for the exclusion of evidence. |
April 26, 2018 | The Respondent files observations on the Claimant’s request of April 23, 2018. |
April 27, 2018 | The Claimant files a request for production of documents and a further request for the exclusion of evidence. |
April 30, 2018 | The Tribunal decides on certain aspects of the Claimant’s request for the exclusion of evidence of April 23, 2018. |
April 30, 2018 | The Tribunal decides on the exclusion of evidence. |
April 30, 2018 | The Claimant files a response to the Respondent’s observations of April 26, 2018. |
May 1, 2018 | The Respondent files observations on the Claimant’s requests of April 27, 2018. |
May 1, 2018 | The Claimant files a further request for the exclusion of evidence. |
May 1, 2018 | Each party files a request for the Tribunal to decide on the admissibility of new evidence. |
May 2, 2018 | The Tribunal decides on a remaining aspect of the Claimant’s request for the exclusion of evidence of April 23, 2018. |
May 2, 2018 | The Respondent files observations on the Claimant’s request for the exclusion of evidence of May 1, 2018. |
May 3, 2018 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on the admissibility of new evidence of May 1, 2018. |
May 4, 2018 | The Respondent files observations on the Claimant’s request for the Tribunal to decide on the admissibility of new evidence of May 1, 2018. |
May 4, 2018 | The President holds a pre-hearing organizational meeting with the parties by telephone conference. |
May 5, 2018 | The Claimant files a response to the Respondent’s observations of May 4, 2018. |
May 8, 2018 | The Tribunal decides on the admissibility of new evidence and other procedural matters. |
May 14, 2018 - May 24, 2018 | The Tribunal holds a hearing on quantum in London. |
August 31, 2018 | Each party files a post-hearing brief. |
September 28, 2018 | Each party files a submission on costs. |
November 15, 2018 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
December 10, 2018 | The Claimant files observations on the Respondent’s request of November 15, 2018. |
December 12, 2018 | The Tribunal decides on the admissibility of new evidence. |
February 12, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of new evidence. |
February 20, 2019 | The Claimant files observations on the Respondent’s request of February 12, 2019. |
February 22, 2019 | The Tribunal decides on the admissibility of new evidence. |
March 18, 2019 | The Respondent files a request for the Tribunal to decide on the admissibility of a new document. |
March 26, 2019 | The Claimant files observations on the Respondent’s request of March 18, 2019. |
March 27, 2019 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
March 27, 2019 | The Tribunal decides on the on the admissibility of a new document. |
July 12, 2019 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
---|---|
November 18, 2019 | The Secretary-General registers an application for annulment of the award filed by the Islamic Republic of Pakistan and notifies the parties of the provisional stay of enforcement of the award. |
February 11, 2020 | Tethyan Copper Company files a request to terminate the stay of enforcement of the award. |
March 25, 2020 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Joongi Kim (Korean), President; Bernardo Sepúlveda Amor (Mexican); and Carita Wallgren-Lindholm (Finnish); all members appointed by the Chairman of the Administrative Council. |
April 8, 2020 | The Islamic Republic of Pakistan files observations on Tethyan Copper Company’s request to terminate the stay of enforcement of the award. |
April 14, 2020 | Tethyan Copper Company files a response to the Islamic Republic of Pakistan’s observations of April 8, 2020. |
April 17, 2020 | The Islamic Republic of Pakistan files a reply on the request to terminate the stay of enforcement of the award. |
April 29, 2020 | The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award by video conference. |
May 11, 2020 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
June 26, 2020 | The Islamic Republic of Pakistan files a request for the ad hoc Committee to decide on the admissibility of new evidence. |
July 10, 2020 | Tethyan Copper Company Ltd. files observations on the Islamic Republic of Pakistan’s request of June 26, 2020. |
July 17, 2020 | The ad hoc Committee decides on the admissibility of new evidence. |
August 1, 2020 | The Islamic Republic of Pakistan files a memorial on annulment. |
September 17, 2020 | The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award. |
October 30, 2020 | The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award. |
October 31, 2020 | Tethyan Copper Company Ltd. files a counter-memorial on annulment. |
January 15, 2021 | The Islamic Republic of Pakistan files a reply on annulment. |
February 16, 2021 | The ad hoc Committee issues Procedural Order No. 2 concerning the hearing on annulment. |
March 14, 2021 | Tethyan Copper Company Ltd. files a request for the ad hoc Committee to decide on the admissibility of new evidence. |
March 16, 2021 | The Islamic Republic of Pakistan files observations on Tethyan Copper Company Ltd.’s request of March 14, 2021. |
March 17, 2021 | The ad hoc Committee decides on the admissibility of new evidence. |
March 18, 2021 | Tethyan Copper Company Ltd. files a rejoinder on annulment. |
March 18, 2021 | The Islamic Republic of Pakistan files request to suspend the annulment proceeding. |
March 18, 2021 | Tethyan Copper Company Ltd. files observations on the Islamic Republic of Pakistan’s request of March 18, 2021. |
March 20, 2021 | The Islamic Republic of Pakistan files a response to Tethyan Copper Company Ltd.'s observations of March 18, 2021. |
March 23, 2021 | Tethyan Copper Company Ltd. files a reply to the Islamic Republic of Pakistan’s observations of March 20, 2021. |
April 2, 2021 | The ad hoc Committee issues Procedural Order No. 3 concerning Pakistan's request to suspend the annulment proceeding. |
April 26, 2021 | The ad hoc Committee issues Procedural Order No. 4 concerning the hearing on annulment. |
May 17, 2021 | The ad hoc Committee decides on the admissibility of new evidence. |
May 26, 2021 - May 29, 2021 | The ad hoc Committee holds a hearing on annulment by video conference. |
April 18, 2022 | The proceeding is suspended pursuant to the parties’ agreement. |
July 18, 2022 | The suspension of the proceeding is extended, pursuant to the parties’ agreement. |
October 18, 2022 | The suspension of the proceeding is extended, pursuant to the parties’ agreement. |
December 21, 2022 | The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |
January 6, 2023 | The Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |
(c) Revision Proceeding
Date | Development |
---|---|
March 16, 2021 | The Secretary-General registers an application for revision of the award filed by the Islamic Republic of Pakistan and notifies the parties of the provisional stay of enforcement of the award. |
April 5, 2021 | The Tribunal is reconstituted. Its members are: Klaus Sachs (German), Leonard Hoffmann (British) and Stanimir Alexandrov (Bulgarian). |
April 24, 2021 | Tethyan Copper Company Ltd. files preliminary objections pursuant to ICSID Arbitration Rule 41(5) and observations on the Republic of Pakistan’s request to continue the stay of enforcement of the award. |
May 14, 2021 | The Islamic Republic of Pakistan files a response to Tethyan Copper Company Ltd.’s observations of April 24, 2021. |
June 4, 2021 | Tethyan Copper Company Ltd. files a rejoinder in opposition to the Islamic Republic of Pakistan’s request to continue the stay of enforcement of the award. |
June 21, 2021 | The Islamic Republic of Pakistan’s files observations in opposition to Tethyan Copper Company Ltd.'s objections pursuant to ICSID Arbitration Rule 41(5). |
June 25, 2021 | The Islamic Republic of Pakistan files a sur-rejoinder in support of its request to continue the stay of enforcement of the award. |
July 12, 2021 | Tethyan Copper Company Ltd. files a request for the Tribunal to decide on the admissibility of new evidence. |
July 14, 2021 | The Islamic Republic of Pakistan files observations on Tethyan Copper Company Ltd.’s request of July 12, 2021. |
July 15, 2021 | The Tribunal holds a first session and a hearing on the stay of enforcement of the award by video conference. |
July 21, 2021 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
July 24, 2021 | Tethyan Copper Company Ltd. files a reply in support of its objections pursuant to ICSID Arbitration Rule 41(5). |
August 25, 2021 | The Islamic Republic of Pakistan files a rejoinder in opposition to Tethyan Copper Company Ltd.'s objections pursuant to ICSID Arbitration Rule 41(5). |
September 7, 2021 | The Tribunal issues a decision on the termination of the stay of enforcement of the award. |
February 14, 2022 | The Tribunal provides reasons for its decision on the termination of the stay of enforcement of the award of September 7, 2021. |
December 20, 2022 | The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |
January 6, 2023 | The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1). |