Arbitral Digest

Matter

RSM Production Corporation and others v Grenada (ICSID Case No. ARB/10/6)

Case no.
ARB/10/6
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 14 October 2010Arbitration

    14 October 2010Arbitration

    Tribunal's Decision on Respondent's Application for Security for Costs dated 14 October 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal, by majority, held that it had jurisdiction to recommend security for costs as a provisional measure, but denied Grenada's application because Grenada had not shown that the claimants lacked sufficient or available assets or were unwilling to pay a possible costs award. The costs of the application were reserved.

    Supporting details

    4 authorities · 13 participants
    Rachel S. Grynberg
    Stephen M. Grynberg
    Miriam Z. Grynberg
    RSM Production Corporation
    Representative
    Roger A. Jatko (For: RSM Production Corporation)
    Representative
    Janice C. Orr (For: RSM Production Corporation)
    Grenada
    Representative
    Jan Paulsson (For: Grenada)
    Representative
    D. Brian King (For: Grenada)
    Representative
    Elliot Friedman (For: Grenada)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Pierre Tercier

    Authorities cited

    4
    • Maffezini v Kingdom of Spain (ICSID Case No. ARB/97/7, Procedural Order No. 2, 28 October 1999)
      case law
    • Casado and President Allende Foundation v Republic of Chile (ICSID Case No. ARB/98/2)
      case law
    • Atlantic Triton v Guinea (ICSID case cited in the Decision on Respondent's Application for Security for Costs)
      case law
    • Libananco Holdings Co Limited v Turkey (ICSID Case No. ARB/06/8, Decision on Preliminary Issues, 23 June 2008)
      case law

    1 month and 26 days later · 57 days

  2. 10 December 2010Arbitration

    10 December 2010Arbitration

    Award dated 10 December 2010

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declared each claimant's claim manifestly without legal merit under Arbitration Rule 41(5) and dismissed the claims. It ordered the claimants to pay Grenada US$205,126.83 for legal and other costs and US$93,605.62 for Grenada's unrefunded share of the advance against costs, with each sum bearing interest at 3.25%, compounded semi-annually from the date of the Award until full payment.

    Supporting details

    8 authorities · 16 participants
    Rachel S. Grynberg
    Stephen M. Grynberg
    Miriam Z. Grynberg
    RSM Production Corporation
    Representative
    Roger A. Jatko (For: RSM Production Corporation)
    Representative
    Janice C. Orr (For: RSM Production Corporation)
    Representative
    Daniel L. Abrams (For: RSM Production Corporation)
    Grenada
    Representative
    Jan Paulsson (For: Grenada)
    Representative
    D. Brian King (For: Grenada)
    Representative
    Jonathan J. Gass (For: Grenada)
    Representative
    Elliot Friedman (For: Grenada)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Pierre Tercier
    Tribunal secretary
    Milanka Kostadinova

    Authorities cited

    8
    • Trans-Global Petroleum, Inc. v Jordan (ICSID Case No. ARB/07/25, Decision of 12 May 2008)
      case law
    • Brandes Investment Partners LLP v Venezuela (ICSID Case No. ARB/08/3, Decision of 2 February 2009)
      case law
    • Amco Asia Corporation v Republic of Indonesia (ICSID Case No. ARB/81/1, Resubmitted Case, Decision on Jurisdiction, 10 May 1988)
      case law
    • Helnan International Hotels A/S v Egypt (ICSID Case No. ARB/05/19, Award, 3 July 2008)
      case law
    • Azurix Corporation v Argentina (ICSID Case No. ARB/01/12, Decision on Application for Annulment, 1 September 2009)
      case law
    • RSM Production Corporation v Grenada (ICSID Case No. ARB/05/14, Annulment Proceeding, Decision of 7 December 2009)
      case law
    • CMS Gas Transportation Company v Argentine Republic (ICSID Case No. ARB/01/8, Award, 12 May 2005)
      case law
    • Grenada Arbitration Act 1989
      statute

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RSM Production Corporation and others v Grenada (ICSID Case No. ARB/10/6) · Matter