Malaysian Historical Salvors Sdn Bhd v. Government of Malaysia (ICSID Case No. ARB/05/10)

Procedural record

1. 17 May 2007Arbitration

   17 May 2007Arbitration

   Award on Jurisdiction dated 17 May 2007

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal declared that it lacked jurisdiction over the dispute and competence to consider the Claimant's claims. Each party was ordered to bear one half of the arbitration costs and its own legal costs.

   Participants

   Malaysian Historical Salvors Sdn Bhd

   Representative

   Hal C. Eren (For: Malaysian Historical Salvors Sdn Bhd)

   Representative

   Bruno A. Ristau (For: Malaysian Historical Salvors Sdn Bhd)

   Government of Malaysia

   Representative

   Tan Sri Abdul Gani Patail (For: Government of Malaysia)

   Representative

   K.C. Vohrah (For: Government of Malaysia)

   Representative

   Cecil Abraham (For: Government of Malaysia)

   Representative

   Sunil Abraham (For: Government of Malaysia)

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Michael Hwang

   Tribunal secretary

   Ucheora Onwuamaegbu

   Authorities cited

   9

   • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (Washington Convention, 14 October 1966)
     statute
   • Agreement between the United Kingdom and Malaysia for the Promotion and Protection of Investments (United Kingdom-Malaysia Agreement, 1981)
     statute
   • Salini Costruttori S.p.A. and Italstrade S.p.A. v. Kingdom of Morocco (ICSID Case No. ARB/00/4, Decision on Jurisdiction, 23 July 2001)
     case-law
   • Ceskoslovenska Obchodni Banka, a.s. v. Slovak Republic (ICSID Case No. ARB/97/4, Decision on Objections to Jurisdiction, 24 May 1999)
     case-law
   • Joy Mining Machinery Limited v. Arab Republic of Egypt (ICSID Case No. ARB/03/11, Award on Jurisdiction, 6 August 2004)
     case-law
   • Consortium Groupement L.E.S.I.-DIPENTA v. People's Democratic Republic of Algeria (ICSID Case No. ARB/03/8, Award, 10 January 2005)
     case-law
   • Jan de Nul N.V. and Dredging International N.V. v. Arab Republic of Egypt (ICSID Case No. ARB/04/13, Decision on Jurisdiction, 16 June 2006)
     case-law
   • Bayindir Insaat Turizm Ticaret Ve Sanayi A.S. v. Islamic Republic of Pakistan (ICSID Case No. ARB/03/29, Decision on Jurisdiction, 14 November 2005)
     case-law
   • Patrick Mitchell v. Democratic Republic of the Congo (ICSID Case No. ARB/99/7, Decision on Application for Annulment, 1 November 2006)
     case-law