Arbitral Digest

Matter

SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/01/13)

Case no.
ARB/01/13
  1. 16 October 2002Arbitration

    16 October 2002Arbitration

    Procedural Order No. 2 dated October 16, 2002

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recommended that Pakistan not initiate or act on contempt proceedings connected with the Supreme Court of Pakistan judgment and recommended staying the Islamabad-based PSI Agreement arbitration until the ICSID Tribunal resolved the jurisdictional phase. It declined to make an order for costs at that time.

    Supporting details

    2 authorities · 5 participants
    SGS Societe Generale de Surveillance S.A.
    Islamic Republic of Pakistan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Andre Faures

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington Convention of 18 March 1965)
      statute
    • Vienna Convention on the Law of Treaties
      statute

    9 months and 21 days later · 294 days

  2. 6 August 2003Arbitration

    6 August 2003Arbitration

    Decision of the Tribunal on Objections to Jurisdiction dated August 6, 2003

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that it had jurisdiction over SGS's claims that Pakistan breached the Swiss-Pakistan BIT, but not over SGS's claims that Pakistan breached the PSI Agreement or Pakistan's claims that SGS breached that Agreement. It withdrew the second recommendation in Procedural Order No. 2, left the balance of that order in effect, denied Pakistan's request to stay the ICSID arbitration pending the PSI Agreement arbitration, and directed the proceeding to the merits phase. It declined to issue an award of costs at that time.

    Supporting details

    5 authorities · 6 participants
    SGS Societe Generale de Surveillance S.A.
    Islamic Republic of Pakistan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Andre Faures
    Tribunal secretary
    Martina Suchankova

    Authorities cited

    5
    • Agreement between the Swiss Confederation and the Islamic Republic of Pakistan on the Promotion and Reciprocal Protection of Investments (Swiss-Pakistan BIT, signed 11 July 1995)
      statute
    • Pakistan Arbitration Act, 1940
      statute
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington Convention of 18 March 1965)
      statute
    • Vivendi annulment decision (ICSID Case No. ARB/97/3, Decision on Annulment, 3 July 2002)
      case-law
    • Loewen decision (ICSID Case No. ARB(AF)/98/3, 26 June 2003)
      case-law

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SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/01/13) · Matter