Arbitral Digest

Matter

Rafat Ali Rizvi v. Republic of Indonesia (ICSID Case No. ARB/11/13)

Case no.
ARB/11/13
Applicable rules
ICSID Arbitration Rules
  1. 16 July 2013Arbitration

    16 July 2013Arbitration

    Award on Jurisdiction dated 16 July 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal accepted the Respondent's jurisdictional objection, finding that the Claimant's investment was not granted admission in accordance with Indonesia's Foreign Capital Investment Law as required by Article 2(1) of the Indonesia–United Kingdom bilateral investment treaty and therefore did not fall within the scope of the treaty. It rejected the Claimant's reliance on the most-favoured-nation provision, declared that the Centre and the Tribunal had no jurisdiction over the dispute, and allocated costs equally, with each Party bearing its own costs and legal representation.

    Supporting details

    16 authorities · 37 participants
    Rafat Ali Rizvi
    Representative
    Mr. George Burn (For: Rafat Ali Rizvi)
    Representative
    Ms. Louise Woods (For: Rafat Ali Rizvi)
    Representative
    Ms. Sophie Palmer (For: Rafat Ali Rizvi)
    Representative
    Ms. Ioana Petculescu (For: Rafat Ali Rizvi)
    Representative
    Mr. Alexander Slade (For: Rafat Ali Rizvi)
    Representative
    Dentons (For: Rafat Ali Rizvi)
    Republic of Indonesia
    Representative
    Mr. Yoseph Suardi Sabda (For: Republic of Indonesia)
    Representative
    Ms. Karen Mills (For: Republic of Indonesia)
    Representative
    Mr. Iswahjudi A. Karim (For: Republic of Indonesia)
    Representative
    Mr. Ilman F. Rakhmat (For: Republic of Indonesia)
    Representative
    KarimSyah Law Firm (For: Republic of Indonesia)
    Representative
    Mr. Arthur Marriott, Q.C. (For: Republic of Indonesia)
    Representative
    Ms. Mahnaz Malik (For: Republic of Indonesia)
    Representative
    Mr. Priyanka Tobing (For: Republic of Indonesia)
    Representative
    Ms. Aulia Nora (For: Republic of Indonesia)
    Representative
    Ms. Cahyaning Nuraith (For: Republic of Indonesia)
    Representative
    Ms. B. Maria Erna (For: Republic of Indonesia)
    Representative
    Ms. Carolita Novinia Yuanita (For: Republic of Indonesia)
    Representative
    Office of the Attorney General of the Republic of Indonesia (For: Republic of Indonesia)
    Representative
    20 Essex Street (For: Republic of Indonesia)
    Expert
    Hiril Hiswara (For: Republic of Indonesia)
    Expert
    Tan Sri Cecil Abraham (For: Republic of Indonesia)
    Expert
    Gregory Churchill (For: Republic of Indonesia)
    Expert
    Professor Sirait (For: Republic of Indonesia)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ms. Anneliese Fleckenstein
    Tribunal secretary
    Ms. Lucja Nowak
    Other
    Witness
    Riyatno

    Authorities cited

    16
    • Indonesia Foreign Capital Investment Law No. 1 of 1967 (Foreign Capital Investment Law No. 1 of 1967)
      statute
    • Indonesia Banking Law No. 14 of 1967 concerning Banking Principles (Law No. 14 of 1967 concerning Banking Principles)
      statute
    • Indonesia Banking Law No. 7 of 1992 as amended by Law No. 10 of 1998 (Law No. 7 of 1992 as amended by Law No. 10 of 1998)
      statute
    • Desert Line Projects LLC v. Republic of Yemen (ICSID Case No. ARB/05/17, Award of 29 January 2008)
      case-law
    • Philippe Gruslin v. Malaysia (ICSID Case No. ARB/99/3, Award of 27 November 2000)
      case-law
    • Yaung Chi Oo Trading Pte Ltd v. Government of the Union of Myanmar (ASEAN Case No. ARB/01/1, Award of 31 March 2003)
      case-law
    • Quiborax v. Bolivia (Award of 2012)
      case-law
    • Saipem S.p.A. v. The People's Republic of Bangladesh (ICSID Case No. ARB/05/07, Decision on Jurisdiction and Recommendation on Provisional Measures of 21 March 2007)
      case-law
    • Tecnicas Medioambientales Tecmed S.A. v. The United Mexican States (ICSID Case No. ARB(AF)/00/2, Award of 29 May 2003)
      case-law
    • M.C.I. Power Group L.C. and New Turbine, Inc. v. Republic of Ecuador (ICSID Case No. ARB/03/6, Award of 26 July 2007)
      case-law
    • Emilio Augustin Maffezini v. Kingdom of Spain (ICSID Case No. ARB/97/7, Decision on Objections to Jurisdiction)
      case-law
    • Impregilo S.p.A. v. Argentine Republic (ICSID Case No. ARB/07/17, Award of 17 May 2011)
      case-law
    • Alex Genin, Eastern Credit Limited, and A.S. Baltoil v. Republic of Estonia (ICSID Case No. ARB/99/2, Award of 25 June 2001)
      case-law
    • Cemex Caracas Investments B.V. and Cemex Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15, Decision on Jurisdiction of 30 December 2010)
      case-law
    • Mobil Corporation, Venezuela Holdings B.V. and others v. Bolivarian Republic of Venezuela (Decision on Jurisdiction)
      case-law
    • Azurix Corp. v. The Argentine Republic (ICSID Case No. ARB/01/12, Decision on Jurisdiction of 8 December 2003)
      case-law

Matter record

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Rafat Ali Rizvi v. Republic of Indonesia (ICSID Case No. ARB/11/13) · Matter