Matter

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

Case no.: ARB/05/10
Applicable rules: ICSID Arbitration Rules

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.
Supporting details
9 authorities · 10 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
Direct award

Malaysian Historical Salvors Sdn Bhd

Government of Malaysia

International Centre for Settlement of Investment Disputes