Arbitral Digest

Matter

Sanum Investments Limited v. Lao People's Democratic Republic (ICSID Case No. ADHOC/17/1)

Case no.
ADHOC/17/1
Applicable rules
ICSID Arbitration (Additional Facility) Rules 2006
  1. 16 May 2017Arbitration

    16 May 2017Arbitration

    Procedural Order No. 1 dated 16 May 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules and timetable governing the arbitration.

    Supporting details

    1 authority · 6 participants
    Sanum Investments Limited
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean E. Kalicki
    Arbitrator
    Klaus Reichert
    Tribunal secretary
    Anneliese Fleckenstein

    Authorities cited

    1
    • Agreement between the People's Republic of China and the Lao People's Democratic Republic on the Encouragement and Reciprocal Protection of Investments (China-Lao BIT)
      statute

    5 months and 7 days later · 160 days

  2. 23 October 2017Arbitration

    23 October 2017Arbitration

    Procedural Order No. 2 dated 23 October 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal sustained the objection to the Claimants' inclusion of claims concerning non-recognition of the 2016 SIAC Award. It granted reconsideration of bifurcation in part and revised the structure for briefing jurisdiction and liability before any quantum phase.

    Supporting details

    1 authority · 7 participants
    Lao Holdings N.V.
    Sanum Investments Limited
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean E. Kalicki
    Arbitrator
    Klaus Reichert
    Tribunal secretary
    Anneliese Fleckenstein

    Authorities cited

    1
    • ADF Group Inc. v. United States of America (ICSID Case No. ARB(AF)/00/1)
      case-law

    22 days later · 22 days

  3. 14 November 2017Arbitration

    14 November 2017Arbitration

    Procedural Order No. 3 dated 14 November 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the request for clarification, denied the Respondent's objection to the admissibility of Lao Holdings N.V.'s additional claims concerning the 2016 SIAC Award, and allowed those claims to proceed only by Lao Holdings N.V.

    Supporting details

    1 authority · 7 participants
    Lao Holdings N.V.
    Sanum Investments Limited
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean E. Kalicki
    Arbitrator
    Klaus Reichert
    Tribunal secretary
    Anneliese Fleckenstein

    Authorities cited

    1
    • Agreement between the Kingdom of the Netherlands and the Lao People's Democratic Republic on the Encouragement and Reciprocal Protection of Investments (Lao-Netherlands BIT)
      statute

    13 days later · 13 days

  4. 27 November 2017Arbitration

    27 November 2017Arbitration

    Procedural Order No. 4 dated 27 November 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a revised procedural timetable for the proceedings.

    Supporting details

    6 participants
    Sanum Investments Limited
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean E. Kalicki
    Arbitrator
    Klaus Reichert
    Tribunal secretary
    Anneliese Fleckenstein

    5 months and 21 days later · 172 days

  5. 18 May 2018Arbitration

    18 May 2018Arbitration

    Procedural Order No. 5 dated 18 May 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Parties' disputed document production requests, as set out in the accompanying annexes.

    Supporting details

    6 participants
    Sanum Investments Limited
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean E. Kalicki
    Arbitrator
    Klaus Reichert
    Tribunal secretary
    Anneliese Fleckenstein

    2 months and 8 days later · 69 days

  6. 26 July 2018Arbitration

    26 July 2018Arbitration

    Procedural Order No. 6 dated 26 July 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's application for security for costs and denied its request to strike portions of Lao Holdings N.V.'s response. It deferred allocation of costs connected with those matters.

    Supporting details

    2 authorities · 8 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean E. Kalicki
    Arbitrator
    Klaus Reichert
    Other

    Authorities cited

    2
    • RSM Production Corporation v. Saint Lucia (ICSID Case No. ARB/12/10)
      case-law
    • UNCITRAL Arbitration Rules
      statute

    3 months and 19 days later · 111 days

  7. 14 November 2018Arbitration

    14 November 2018Arbitration

    Procedural Order No. 7 dated 14 November 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the application concerning the substitute Exhibit R-253, granted leave to file a supplemental report by Joseph Kalt, and denied the applications to strike other specified materials and the witness statement of Sabh Phommarath.

    Supporting details

    7 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean E. Kalicki
    Arbitrator
    Klaus Reichert
    Other

    2 days later · 2 days

  8. 16 November 2018Arbitration

    16 November 2018Arbitration

    Procedural Order No. 8 dated 16 November 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the hearing on jurisdiction and the merits, including participation, witness and expert examination, hearing time, and hearing procedure.

    Supporting details

    6 participants
    Sanum Investments Limited
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean E. Kalicki
    Arbitrator
    Klaus Reichert

    6 years, 1 month and 4 days later · 2226 days

  9. 20 December 2024Arbitration

    20 December 2024Arbitration

    Decision on Jurisdiction, Admissibility and Liability dated 20 December 2024

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously denied the Lao People's Democratic Republic's objections to jurisdiction and admissibility. It denied Sanum's claims concerning recognition of the 2016 ST SIAC Award, the seizure and sale of the Savan Vegas Casino, taxation, non-payment of the CFA Loans, the Ferry Terminal Slot Club, the Thakhek concession, and non-payment of advances on costs to ICSID. It granted Sanum's claims under Article 4 of the China-Lao BIT concerning the Sanum bank accounts, Savan Vegas cage and vault cash, and the Thakhek and Savannakhet properties, and directed the Parties to confer on a procedural schedule for further quantum proceedings.

    Supporting details

    2 authorities · 24 participants
    Sanum Investments Limited
    Lao People's Democratic Republic
    Lao Holdings N.V.
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean E. Kalicki
    Arbitrator
    Klaus Reichert
    Other
    Expert
    Ricky Lee
    Witness
    Gerard Ngo

    Authorities cited

    2
    • Agreement between the People's Republic of China and the Lao People's Democratic Republic on the Encouragement and Reciprocal Protection of Investments (China-Lao BIT)
      statute
    • Agreement between the Kingdom of the Netherlands and the Lao People's Democratic Republic on the Encouragement and Reciprocal Protection of Investments (Lao-Netherlands BIT)
      statute

Matter record

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Sanum Investments Limited v. Lao People's Democratic Republic (ICSID Case No. ADHOC/17/1) · Matter