Arbitral Digest

Matter

Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan (ICSID Case No. ARB/12/1)

Case no.
ARB/12/1
Applicable rules
ICSID Arbitration Rules
  1. 13 December 2012Arbitration

    13 December 2012Arbitration

    Decision on Claimant's Request for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found prima facie jurisdiction but declined to order the requested provisional measures because the evidence did not establish irreparable harm. It required Pakistan to report changes to its stated H4 plans and specific H4 activities, dismissed the remaining parts of the Request, remained seized of the matter, and reserved costs related to the Request.

    Supporting details

    13 authorities · 20 participants
    Tethyan Copper Company Pty Limited
    Representative
    Debevoise & Plimpton LLP (For: Tethyan Copper Company Pty Limited)
    Representative
    Matrix Chambers (For: Tethyan Copper Company Pty Limited)
    Representative
    Donald Francis Donovan (For: Tethyan Copper Company Pty Limited)
    Representative
    Mark W. Friedman (For: Tethyan Copper Company Pty Limited)
    Representative
    Dietmar W. Prager (For: Tethyan Copper Company Pty Limited)
    Representative
    Natalie L. Reid (For: Tethyan Copper Company Pty Limited)
    Islamic Republic of Pakistan
    Representative
    ABS & Co. (For: Islamic Republic of Pakistan)
    Representative
    Lord Goldsmith (For: Islamic Republic of Pakistan)
    Representative
    Matthew H. Getz (For: Islamic Republic of Pakistan)
    Representative
    Ahmer Bilal Soofi (For: Islamic Republic of Pakistan)
    Representative
    Arthur Marriott (For: Islamic Republic of Pakistan)
    Representative
    Mahnaz Malik (For: Islamic Republic of Pakistan)
    Representative
    John Kingston (For: Islamic Republic of Pakistan)
    Representative
    Cherie Blair (For: Islamic Republic of Pakistan)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Dr. Klaus Sachs
    Arbitrator
    Lord Hoffmann

    Authorities cited

    13
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute
    • Agreement between Australia and the Islamic Republic of Pakistan on the Promotion and Protection of Investments
      statute
    • 2002 Balochistan Mineral Rules
      statute
    • Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (ICSID Case No. ARB/06/11)
      case-law
    • Burlington Resources, Inc. v. Republic of Ecuador and Empresa Estatal Petroleos del Ecuador (ICSID Case No. ARB/08/5)
      case-law
    • Perenco Ecuador Ltd. v. Republic of Ecuador and Empresa Estatal Petroleos del Ecuador (ICSID Case No. ARB/08/6)
      case-law
    • City Oriente Limited v. Republic of Ecuador and Empresa Estatal Petroleos del Ecuador (ICSID Case No. ARB/06/21)
      case-law
    • CMS Gas Transmission Company v. Argentina (ICSID Case No. ARB/01/8)
      case-law
    • Enron Corp. and Ponderosa Assets v. Argentine Republic (ICSID Case No. ARB/01/3)
      case-law
    • Ioan Micula v. Romania (ICSID Case No. ARB/05/20)
      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)
      case-law
    • Tokios Tokeles v. Ukraine (ICSID Case No. ARB/02/18)
      case-law
    • LaGrand (Federal Republic of Germany v. United States) (2001 I.C.J. Rep. 466)
      case-law

    10 years and 24 days later · 3676 days

  2. 6 January 2023Arbitration

    6 January 2023Arbitration

    Order of the Committee Taking Note of the Discontinuance of the Proceeding

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee took note of the discontinuance of the annulment proceeding pursuant to the parties' joint request after Pakistan withdrew with prejudice its application for annulment of the award dated 12 July 2019.

    Supporting details

    1 authority · 12 participants
    Tethyan Copper Company Pty Limited
    Representative
    Debevoise & Plimpton LLP (For: Tethyan Copper Company Pty Limited)
    Representative
    Linklaters LLP (For: Tethyan Copper Company Pty Limited)
    Islamic Republic of Pakistan
    Representative
    Bhandari Naqvi Riaz (For: Islamic Republic of Pakistan)
    Representative
    Office of the Attorney General for Pakistan (For: Islamic Republic of Pakistan)
    Representative
    International Disputes Unit (For: Islamic Republic of Pakistan)
    Representative
    GST LLP (For: Islamic Republic of Pakistan)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Gonzalo Flores

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      statute

Matter record

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Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan (ICSID Case No. ARB/12/1) · Matter