Arbitral Digest

Matter

Biwater Gauff (Tanzania) Limited v. United Republic of Tanzania (ICSID Case No. ARB/05/22)

Case no.
ARB/05/22
Applicable rules
ICSID Arbitration Rules
  1. 31 March 2006Arbitration

    31 March 2006Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recommended preservation of specified documents and an inventory, ordered delivery of City Water bank statements, and denied for the time being requests for broader document production and a statement of account.

    Supporting details

    1 authority · 5 participants
    Biwater Gauff (Tanzania) Limited
    United Republic of Tanzania
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gary Born
    Arbitrator
    Toby Landau

    Authorities cited

    1
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States)
      treaty

    1 month and 22 days later · 53 days

  2. 23 May 2006Arbitration

    23 May 2006Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided and directed the parties' document-production requests, including its treatment of public-interest immunity and the standards applicable to production requests.

    Supporting details

    2 authorities · 5 participants
    Biwater Gauff (Tanzania) Limited
    United Republic of Tanzania
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gary Born
    Arbitrator
    Toby Landau

    Authorities cited

    2
    • Constitution of the United Republic of Tanzania
      statute
    • Tanzania Evidence Act 1967
      statute

    4 months and 6 days later · 129 days

  3. 29 September 2006Arbitration

    29 September 2006Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recommended confidentiality and procedural-integrity measures, permitted general public discussion within stated limits, required prior permission for disclosure of Tribunal decisions other than awards, and made this Order freely disclosable.

    Supporting details

    2 authorities · 5 participants
    Biwater Gauff (Tanzania) Limited
    United Republic of Tanzania
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gary Born
    Arbitrator
    Toby Landau

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Administrative and Financial Regulations, Regulation 25
      regulation

    4 months and 4 days later · 126 days

  4. 2 February 2007Arbitration

    2 February 2007Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established a two-stage procedure for the Petitioners' written submission and future participation, denied for the time being access to the parties' arbitration documents, rejected attendance or participation in the hearing over the Claimant's objection, reserved the right to ask questions, and made the Order freely disclosable.

    Supporting details

    1 authority · 7 participants
    Biwater Gauff (Tanzania) Limited
    United Republic of Tanzania
    Lawyers' Environmental Action Team
    Legal and Human Rights Centre
    Tanzania Gender Networking Programme
    Center for International Environmental Law
    International Institute for Sustainable Development
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States)
      treaty

    2 months and 23 days later · 82 days

  5. 25 April 2007Arbitration

    25 April 2007Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recorded the parties' agreement to address the Amici's issues in final oral submissions without further intervention, directed simultaneous post-hearing briefs and a one-day closing-argument hearing, and made the Order freely disclosable.

    Supporting details

    2 participants
    Biwater Gauff (Tanzania) Limited
    United Republic of Tanzania
    International Centre for Settlement of Investment Disputes

    1 year, 2 months and 29 days later · 456 days

  6. 24 July 2008Arbitration

    24 July 2008Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld jurisdiction over alleged BIT violations but not claims under the Tanzania Investment Act; found specified conduct in breach of the BIT's fair and equitable treatment, unreasonable and discriminatory conduct, expropriation, and full-protection-and-security obligations; dismissed the remaining BIT allegations and all damages claims; and allocated legal costs to each party while sharing arbitration costs equally.

    Supporting details

    3 authorities · 17 participants
    Biwater Gauff (Tanzania) Limited
    United Republic of Tanzania
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gary Born
    Arbitrator
    Toby Landau
    Other
    Witness
    Peter Cox

    Authorities cited

    3
    • Agreement between the United Kingdom of Great Britain and Northern Ireland and the United Republic of Tanzania for the Promotion and Protection of Investments (UK-Tanzania Investment Treaty, 7 January 1994)
      treaty
    • Tanzania Investment Act 1997
      statute
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States)
      treaty

Matter record

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Biwater Gauff (Tanzania) Limited v. United Republic of Tanzania (ICSID Case No. ARB/05/22) · Matter