Matter
Cambodia Power Company v. Kingdom of Cambodia (ICSID Case No. ARB/09/18)
- 22 March 2011Arbitration
22 March 2011Arbitration
Decision on Jurisdiction
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal declined jurisdiction over claims against Electricite du Cambodge because it had not been designated as an agency or subdivision of the Kingdom of Cambodia under Article 25 of the ICSID Convention. It affirmed jurisdiction over claims against the Kingdom of Cambodia based on customary international law and under the Implementation Agreement, Power Purchase Agreement, and Deed of Guarantee, ordered continuation of the proceedings, and reserved costs.
Supporting details
1 authority · 16 participantsCambodia Power Company
- Representative
- Macmillan Keck (For: Cambodia Power Company)
- Representative
- Richard Keck (For: Cambodia Power Company)
- Representative
- Rory Macmillan (For: Cambodia Power Company)
Kingdom of Cambodia
- Representative
- Starr & Partners LLP (For: Kingdom of Cambodia)
- Representative
- Toby Starr (For: Kingdom of Cambodia)
- Representative
- Freshfields Bruckhaus Deringer (For: Kingdom of Cambodia)
- Representative
- Peter J. Turner (For: Kingdom of Cambodia)
- Representative
- Marie Stoyanov (For: Kingdom of Cambodia)
- Representative
- Sami Tannous (For: Kingdom of Cambodia)
- Representative
- Kate Parlett (For: Kingdom of Cambodia)
Electricite du Cambodge
International Centre for Settlement of Investment Disputes
- Arbitrator
- Neil Kaplan
- Arbitrator
- John Beechey
- Arbitrator
- Toby Landau
28 days later · 28 days
- 19 April 2011Arbitration
19 April 2011Arbitration
Tribunal Ruling on Claimant's Application Concerning Electricite du Cambodge
International Centre for Settlement of Investment Disputes
Supporting details
1 authority · 5 participantsCambodia Power Company
Kingdom of Cambodia
International Centre for Settlement of Investment Disputes
- Arbitrator
- Neil Kaplan
- Arbitrator
- John Beechey
- Arbitrator
- Toby Landau
9 months and 10 days later · 285 days
- 29 January 2012Arbitration
29 January 2012Arbitration
Decision on the Claimant's Application to Exclude Mr. Lobit's Witness Statement and Derivative Evidence
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal held that international law governed admissibility, with Californian law governing the stated issues of impediment, privilege, agency, confidentiality, and fiduciary duties. It declined to exclude Mr. Lobit's testimony or prevent his participation on the stated status or relationship grounds, preserved objections to specific communications, ordered document schedules and related procedural steps, restrained the Claimant from taking court action against Mr. Lobit personally, dismissed the remaining applications, and reserved costs.
Supporting details
1 authority · 6 participantsCambodia Power Company
Kingdom of Cambodia
International Centre for Settlement of Investment Disputes
- Arbitrator
- Neil Kaplan
- Arbitrator
- John Beechey
- Arbitrator
- Toby Landau
Other
- Witness
- Mr. Lobit
16 days later · 16 days
- 14 February 2012Arbitration
14 February 2012Arbitration
Amended Decision on the Claimant's Application to Exclude Mr. Lobit's Witness Statement and Derivative Evidence
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal retained the rulings on admissibility, declined to exclude Mr. Lobit's testimony or prevent his participation on the stated status or relationship grounds, ordered revised schedules and procedural steps for document production and privilege objections, restrained the Claimant from taking court action against Mr. Lobit personally, dismissed the remaining applications, reserved costs, and revoked the prior suspension of procedural steps pending resolution of the Lobit issue.
Supporting details
1 authority · 6 participantsCambodia Power Company
Kingdom of Cambodia
International Centre for Settlement of Investment Disputes
- Arbitrator
- Neil Kaplan
- Arbitrator
- John Beechey
- Arbitrator
- Toby Landau
Other
- Witness
- Mr. Lobit
1 year, 2 months and 8 days later · 433 days
- 22 April 2013Arbitration
22 April 2013Arbitration
Award
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal unanimously found that the Respondent did not breach the Implementation Agreement, Power Purchase Agreement, or Deed of Guarantee directly or indirectly through Electricite du Cambodge; dismissed the Claimant's other claims and the Respondent's counterclaim; ordered the Claimant to pay the Respondent USD 5,250,000 for legal costs and expenses and USD 372,111.29 for costs of the proceedings, in each case with stated interest; and dismissed all other claims and requests.
Supporting details
1 authority · 20 participantsCambodia Power Company
- Representative
- Macmillan Keck (For: Cambodia Power Company)
- Representative
- Richard Keck (For: Cambodia Power Company)
- Representative
- Rory Macmillan (For: Cambodia Power Company)
Kingdom of Cambodia
- Representative
- Starr & Partners LLP (For: Kingdom of Cambodia)
- Representative
- Toby Starr (For: Kingdom of Cambodia)
- Representative
- Valle Makoff LLP (For: Kingdom of Cambodia)
- Representative
- Jeffrey B. Valle (For: Kingdom of Cambodia)
- Representative
- Susan L. Klein (For: Kingdom of Cambodia)
- Representative
- Freshfields Bruckhaus Deringer (For: Kingdom of Cambodia)
- Representative
- Peter J. Turner (For: Kingdom of Cambodia)
- Representative
- Sami Tannous (For: Kingdom of Cambodia)
- Representative
- Kate Parlett (For: Kingdom of Cambodia)
- Representative
- Quinn Emanuel (For: Kingdom of Cambodia)
- Representative
- Fred Bennett (For: Kingdom of Cambodia)
International Centre for Settlement of Investment Disputes
- Arbitrator
- Neil Kaplan
- Arbitrator
- John Beechey
- Arbitrator
- Toby Landau
- Tribunal secretary
- Martina Polasek