Arbitral Digest

Matter

Adel A Hamadi Al Tamimi v. Sultanate of Oman (ICSID Case No. ARB/11/33)

Al Tamimi's quarry investment dispute with Oman, concerning a limestone operation at Jebel Wasa and rights under lease agreements with a state enterprise.

  • Investor-state arbitration
Case no.
ARB/11/33
Seat
United States
Industry type
Mining and quarrying
Applicable rules
ICSID Arbitration Rules in force as of April 2006

Procedural record

  1. 13 July 2012United States

    13 July 2012United States

    Procedural Order No. 1 dated July 13, 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules, representation, communications, written and oral procedures, document production, evidence, hearings, and schedule governing the arbitration.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      convention
    • ICSID Administrative and Financial Regulations
      statute

    2 months and 15 days later · 77 days

  2. 28 September 2012United States

    28 September 2012United States

    Procedural Order No. 2 dated September 28, 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal allowed the Claimant's site visit in general terms, refused an immediate inspection, and directed the parties to confer on a visit as soon as possible after October 8, 2012.

    Participants

    International Centre for Settlement of Investment Disputes

    1 day later · 1 days

  3. 29 September 2012United States

    29 September 2012United States

    Decision on the Claimant's request dated September 29, 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Claimant's request to reconsider the timing of the site visit and confirmed the directions in Procedural Order No. 2.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    11 days later · 11 days

  4. 10 October 2012United States

    10 October 2012United States

    Procedural Order No. 3 dated October 10, 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal confirmed a revised schedule for written pleadings and the final hearing as agreed by the parties.

    Participants

    International Centre for Settlement of Investment Disputes

    3 months and 26 days later · 118 days

  5. 5 February 2013United States

    5 February 2013United States

    Procedural Order No. 4 dated February 5, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Respondent's first requests for production of documents and directed further memoranda on specified requests.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Agreement Between the United States of America and the Government of the Sultanate of Oman on the Establishment of a Free Trade Area (US-Oman Free Trade Agreement)
      treaty
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    1 month and 10 days later · 38 days

  6. 15 March 2013United States

    15 March 2013United States

    Procedural Order No. 5 dated March 15, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on outstanding document requests, denied the Respondent's requests subject to stated reservations, and ordered the Claimant to disclose specified official travel documents.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Agreement Between the United States of America and the Government of the Sultanate of Oman on the Establishment of a Free Trade Area (US-Oman Free Trade Agreement)
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    3 days later · 3 days

  7. 18 March 2013United States

    18 March 2013United States

    Procedural Order No. 6 dated March 18, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal revised the procedural calendar for the arbitration.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    5 months and 3 days later · 156 days

  8. 21 August 2013United States

    21 August 2013United States

    Rulings on the Claimant's Requests for Production of Documents dated August 21, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued general and specific rulings on the Claimant's requests for document production and reserved costs for later consideration.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    5 months and 21 days later · 174 days

  9. 11 February 2014United States

    11 February 2014United States

    Procedural Order No. 7 dated February 11, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the schedule for specified pre-hearing submissions and related procedural steps.

    Participants

    International Centre for Settlement of Investment Disputes

    2 months and 7 days later · 66 days

  10. 18 April 2014United States

    18 April 2014United States

    Procedural Order No. 8 dated April 18, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted by consent the Respondent's application concerning the JAJ Consultants report. The report remained in the record, JAJ Consultants was not required to appear for cross-examination, and costs were reserved.

    Participants

    International Centre for Settlement of Investment Disputes
  11. 18 April 2014United States

    18 April 2014United States

    Procedural Order No. 9 dated April 18, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' additional requests for production of documents and gave directions for the production process.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    6 days later · 6 days

  12. 24 April 2014United States

    24 April 2014United States

    Procedural Order No. 10 dated April 24, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal admitted five additional documents to the record and admitted the proposed completion of an exhibit on a provisional basis.

    Participants

    International Centre for Settlement of Investment Disputes

    1 month and 2 days later · 32 days

  13. 26 May 2014United States

    26 May 2014United States

    Procedural Order No. 11 dated May 26, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the parties to answer specified post-hearing questions by June 30, 2014 and stated that the proceedings were not yet formally closed.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Agreement Between the United States of America and the Government of the Sultanate of Oman on the Establishment of a Free Trade Area (US-Oman Free Trade Agreement)
      treaty

    4 months and 18 days later · 141 days

  14. 14 October 2014United States

    14 October 2014United States

    Procedural Order No. 12 dated October 14, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal accepted the United States submission for consideration as part of the record and directed the parties to exchange memoranda on its scope, substance, and relevance.

    Participants

    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Agreement Between the United States of America and the Government of the Sultanate of Oman on the Establishment of a Free Trade Area (US-Oman Free Trade Agreement)
      treaty

    1 year and 20 days later · 385 days

  15. 3 November 2015United States

    3 November 2015United States

    Award dated November 3, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected all of the Claimant's requests for declaratory and compensatory relief. It ordered the Claimant to pay the Respondent costs and expenses, with post-Award interest payable after 60 days at the 91-day US Treasury Bill rate compounded quarterly.

    Participants

    Adel A Hamadi Al Tamimi
    Sultanate of Oman
    International Centre for Settlement of Investment Disputes
    Arbitrator
    David A R Williams
    Arbitrator
    Charles N. Brower
    Arbitrator
    J. Christopher Thomas
    Other
    Witness
    Subodh Gupta
    Witness
    Ali Al Waily
    Witness
    Ghalib Al Rushdi
    Witness
    Maqbool Bin Ali Sultan
    Witness
    Adriaan Hendrick Van der Wiele
    Witness
    Francisco Pine Ralutin

    Authorities cited

    5
    • Agreement Between the United States of America and the Government of the Sultanate of Oman on the Establishment of a Free Trade Area (US-Oman Free Trade Agreement)
      treaty
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      convention
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • Oman Law on Conservation of the Environment and Prevention of Pollution (Royal Decree No 114/2011)
      statute
    • Oman Regulations for Crushers, Quarries and Transport of Sand from Coasts, Beaches and Wadis (Ministerial Decision No 200/2000)
      statute

Matter record

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Adel A Hamadi Al Tamimi v. Sultanate of Oman (ICSID Case No. ARB/11/33) · Matter