Arbitral Digest

Matter

Churchill Mining Plc and Planet Mining Pty Ltd v Republic of Indonesia (ICSID Case Nos. ARB/12/14 and ARB/12/40)

Case no.
ARB/12/14 and ARB/12/40
Applicable rules
ICSID Arbitration Rules in force as of April 2006 · IBA Rules on the Taking of Evidence in International Arbitration 2010
  1. 6 December 2012Arbitration

    6 December 2012Arbitration

    Procedural Order No. 1 dated December 6, 2012

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural directions governing the arbitration.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 30 days later · 61 days

  2. 5 February 2013Arbitration

    5 February 2013Arbitration

    Procedural Order No. 2 dated February 5, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the request to join the Government of the Regency of East Kutai as a party.

    Supporting details

    International Centre for Settlement of Investment Disputes

    27 days later · 27 days

  3. 4 March 2013Arbitration

    4 March 2013Arbitration

    Procedural Order No. 3 dated March 4, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's requested provisional measures and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  4. 18 March 2013Arbitration

    18 March 2013Arbitration

    Procedural Order No. 4 dated March 18, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal consolidated the Churchill Mining and Planet Mining proceedings and set related procedural directions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 day later · 1 days

  5. 19 March 2013Arbitration

    19 March 2013Arbitration

    Procedural Order No. 5 dated March 19, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal partially granted specified document-production requests, denied the other requests, and ordered production by the Claimants.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 19 days later · 50 days

  6. 8 May 2013Arbitration

    8 May 2013Arbitration

    Procedural Order No. 6 dated May 8, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions for the jurisdiction hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    20 days later · 20 days

  7. 28 May 2013Arbitration

    28 May 2013Arbitration

    Procedural Order No. 7 dated May 28, 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the correction of the hearing transcript and the filing of statements of costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 27 days later · 272 days

  8. 24 February 2014Arbitration

    24 February 2014Arbitration

    Decision on Jurisdiction dated February 24, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal concluded that it had jurisdiction over the dispute and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 29 days later · 57 days

  9. 22 April 2014Arbitration

    22 April 2014Arbitration

    Procedural Order No. 8 dated April 22, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions on the procedural calendar, document production, and the preparation of the merits phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 16 days later · 77 days

  10. 8 July 2014Arbitration

    8 July 2014Arbitration

    Procedural Order No. 9 dated July 8, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Claimants' application for provisional measures and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  11. 22 July 2014Arbitration

    22 July 2014Arbitration

    Procedural Order No. 10 dated July 22, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the parties to make requested original documents available for inspection and denied all further requests.

    Supporting details

    International Centre for Settlement of Investment Disputes

    30 days later · 30 days

  12. 21 August 2014Arbitration

    21 August 2014Arbitration

    Procedural Order No. 11 dated August 21, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the organization and recording of the document inspection in Singapore.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 6 days later · 67 days

  13. 27 October 2014Arbitration

    27 October 2014Arbitration

    Procedural Order No. 12 dated October 27, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's request for immediate adjudication, bifurcated the proceedings between liability and quantum, and set related filing directions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    22 days later · 22 days

  14. 18 November 2014Arbitration

    18 November 2014Arbitration

    Procedural Order No. 13 dated November 18, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted reconsideration of Procedural Order No. 12 and directed that the remaining proceedings first address document authenticity.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 4 days later · 34 days

  15. 22 December 2014Arbitration

    22 December 2014Arbitration

    Procedural Order No. 14 dated December 22, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Claimants' application for provisional measures and issued further procedural directions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    21 days later · 21 days

  16. 12 January 2015Arbitration

    12 January 2015Arbitration

    Procedural Order No. 15 dated January 12, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Claimants' request to reconsider Procedural Order No. 13 and reaffirmed the procedural directions for the authenticity phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 25 days later · 84 days

  17. 6 April 2015Arbitration

    6 April 2015Arbitration

    Procedural Order No. 16 dated April 6, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted and denied specified document-production and inspection requests and issued directions for the authenticity phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 27 days later · 57 days

  18. 2 June 2015Arbitration

    2 June 2015Arbitration

    Procedural Order No. 17 dated June 2, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted and denied specified Claimants' document-production requests and issued related directions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 4 days later · 34 days

  19. 6 July 2015Arbitration

    6 July 2015Arbitration

    Procedural Order No. 18 dated July 6, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted and denied specified Respondent document-production requests and ordered the Claimants to communicate the documents produced.

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  20. 20 July 2015Arbitration

    20 July 2015Arbitration

    Procedural Order No. 19 dated July 20, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions for the hearing on document authenticity, including witness evidence, time allocation, interpretation, recording, and transcription.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month later · 31 days

  21. 20 August 2015Arbitration

    20 August 2015Arbitration

    Procedural Order No. 20 dated August 20, 2015

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the parties' post-hearing briefs, responses to questions, and statements of costs concerning document authenticity.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 3 months and 16 days later · 474 days

  22. 6 December 2016Arbitration

    6 December 2016Arbitration

    Award dated December 6, 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found the disputed documents not authentic and unauthorized, declared the claims inadmissible, ordered the Claimants to pay USD 800,000 or any lower amount arising from the final ICSID account for tribunal and ICSID costs, ordered the Claimants to pay USD 8,646,528 as 75% of the Respondent's expenses, and dismissed all other claims and requests.

    Supporting details

    3 authorities · 7 participants
    Churchill Mining Plc
    Representative
    Sam Luttrell (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Audley Sheppard (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Ben Luscombe (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Planet Mining Pty Ltd
    Representative
    Sam Luttrell (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Audley Sheppard (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Ben Luscombe (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Republic of Indonesia
    Representative
    Cahyo R. Muzhar (For: Republic of Indonesia)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • United Kingdom-Indonesia Bilateral Investment Treaty
      treaty
    • Indonesian Foreign Investment Law No. 1 of 1967
      statute

    6 months and 21 days later · 203 days

  23. 27 June 2017Arbitration

    27 June 2017Arbitration

    Decision on the Request for Continued Stay of Enforcement of the Award dated June 27, 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee continued the stay of enforcement pending its decision on annulment, subject to the Applicants' direct pledge of Port Land, and reserved costs.

    Supporting details

    3 participants
    Churchill Mining Plc
    Planet Mining Pty Ltd
    Republic of Indonesia
    International Centre for Settlement of Investment Disputes

    17 days later · 17 days

  24. 14 July 2017Arbitration

    14 July 2017Arbitration

    Procedural Order No. 1 dated July 14, 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee issued procedural directions for the annulment proceeding and the stay of enforcement.

    Supporting details

    International Centre for Settlement of Investment Disputes

    11 months and 5 days later · 340 days

  25. 19 June 2018Arbitration

    19 June 2018Arbitration

    Procedural Order No. 2 on the Organization of the Hearing dated June 19, 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee issued directions organizing the annulment hearing and related submissions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 27 days later · 272 days

  26. 18 March 2019Arbitration

    18 March 2019Arbitration

    Decision on Annulment dated March 18, 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee dismissed the Annulment Application in its entirety, terminated the stay of enforcement, ordered the Applicants to bear the costs of the proceedings, and directed each Party to bear its own party costs.

    Supporting details

    8 participants
    Churchill Mining Plc
    Representative
    Sam Luttrell (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Romesh Weeramantry (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Planet Mining Pty Ltd
    Representative
    Sam Luttrell (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Romesh Weeramantry (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Republic of Indonesia
    Representative
    Claudia Frutos-Peterson (For: Republic of Indonesia)
    Representative
    Marat Umerov (For: Republic of Indonesia)
    Expert
    Ida Nurlinda (For: Republic of Indonesia)
    International Centre for Settlement of Investment Disputes
  27. 18 March 2019Arbitration

    18 March 2019Arbitration

    Decision on the Respondent's Application to Terminate the Stay of Enforcement of the Award and Request for Security for Costs dated March 18, 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee decided that the Respondent's application to terminate the stay and request for security for costs were moot, and reserved costs relating to those applications.

    Supporting details

    3 participants
    Churchill Mining Plc
    Planet Mining Pty Ltd
    Republic of Indonesia
    International Centre for Settlement of Investment Disputes

Matter record

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Churchill Mining Plc and Planet Mining Pty Ltd v Republic of Indonesia (ICSID Case Nos. ARB/12/14 and ARB/12/40) · Matter