Arbitral Digest

Matter

AsiaPhos Limited and Norwest Chemicals Pte Ltd v. People's Republic of China (ICSID Case No. ADM/21/1)

Case no.
ADM/21/1
Seat
Switzerland
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 26 May 2022Switzerland

    3 months and 19 days later · 111 days

  2. 14 September 2022Switzerland

    14 September 2022Switzerland

    Procedural Order No. 1 (Updated)

    International Centre for Settlement of Investment Disputes

    Supporting details

    3 authorities · 5 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Klaus Sachs
    Tribunal secretary
    Geraldine R. Fischer
    Tribunal secretary
    Susanne Schwalb

    Authorities cited

    3
    • Agreement between China and Singapore on the Promotion and Protection of Investments (China-Singapore BIT (1985))
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention (1966))
      statute
    • International Bar Association Rules on the Taking of Evidence in International Arbitration (IBA Rules on the Taking of Evidence in International Arbitration (2020))
      statute

    5 months and 2 days later · 155 days

  3. 16 February 2023Switzerland

    16 February 2023Switzerland

    Award of the Tribunal

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the People's Republic of China's bifurcated jurisdictional objection and found that it had no jurisdiction over any of the Claimants' claims. The Claimants were ordered to bear the costs of the arbitration, reimburse the Respondent USD 280,409.01 and CNY 6,351,402.48, and pay post-award interest on those amounts at a rate corresponding to the US Prime Rate, compounded annually, from the 90th day after dispatch until payment. All further requests were denied.

    Supporting details

    7 authorities · 27 participants
    AsiaPhos Limited
    Representative
    Arif Hyder Ali (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Alexandre de Gramont (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Kirsten Teo (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    David L. Attanasio (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Henry Defriez (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Kai-Chieh Chan (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Anna Aviles Alfaro (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Norwest Chemicals Pte Ltd
    Representative
    Arif Hyder Ali (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Alexandre de Gramont (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Kirsten Teo (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    David L. Attanasio (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Henry Defriez (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Kai-Chieh Chan (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    Representative
    Anna Aviles Alfaro (For: AsiaPhos Limited · Norwest Chemicals Pte Ltd)
    People's Republic of China
    Representative
    Yu Ning (For: People's Republic of China)
    Representative
    Sun Zhao (For: People's Republic of China)
    Representative
    Huang Jie (For: People's Republic of China)
    Representative
    Zhou Yibo (For: People's Republic of China)
    Representative
    Xing Xiusong (For: People's Republic of China)
    Representative
    Zhang Xin (For: People's Republic of China)
    Representative
    Ren Qing (For: People's Republic of China)
    Representative
    Wang Heng (For: People's Republic of China)
    Representative
    Li Yalin (For: People's Republic of China)
    Representative
    Huo Ningxin (For: People's Republic of China)
    Representative
    Cheng Shuang (For: People's Republic of China)
    Representative
    Zhou Mengdi (For: People's Republic of China)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Klaus Sachs
    Tribunal secretary
    Geraldine R. Fischer
    Tribunal secretary
    Susanne Schwalb

    Authorities cited

    7
    • Agreement between China and Singapore on the Promotion and Protection of Investments (China-Singapore BIT (1985))
      statute
    • Vienna Convention on the Law of Treaties (1969)
      statute
    • Sanum Investments Limited v. The Government of the Lao People's Democratic Republic (PCA Case No. 2013-13)
      case-law
    • Beijing Urban Construction Group Co. Ltd. v. Republic of Yemen (ICSID Case No. ARB/14/30)
      case-law
    • China Heilongjiang International Economic & Technical Cooperative Corp et al v. Mongolia (PCA Case No. 2010-20)
      case-law
    • ST-AD GmbH v. Republic of Bulgaria (PCA Case No. 2011-06)
      case-law
    • UP (formerly Le Cheque Dejeuner) and C.D Holding Internationale v. Hungary (ICSID Case No. ARB/13/35)
      case-law

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AsiaPhos Limited and Norwest Chemicals Pte Ltd v. People's Republic of China (ICSID Case No. ADM/21/1) · Matter