Arbitral Digest

Matter

Sudapet Company Limited v. Republic of South Sudan (ICSID Case No. ARB/12/26)

Case no.
ARB/12/26
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 30 August 2013Arbitration

    30 August 2013Arbitration

    Procedural Order No. 1 dated 30 August 2013

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 14 days later · 167 days

  2. 13 February 2014Arbitration

    13 February 2014Arbitration

    Procedural Order No. 2 dated 13 February 2014

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 4 days later · 246 days

  3. 17 October 2014Arbitration

    17 October 2014Arbitration

    Procedural Order No. 3 dated 17 October 2014

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 months and 4 days later · 216 days

  4. 21 May 2015Arbitration

    21 May 2015Arbitration

    Procedural Order No. 4 dated 21 May 2015

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 14 days later · 75 days

  5. 4 August 2015Arbitration

    4 August 2015Arbitration

    Procedural Order No. 5 dated 4 August 2015

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    22 days later · 22 days

  6. 26 August 2015Arbitration

    26 August 2015Arbitration

    Procedural Order No. 6 dated 26 August 2015

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 1 month and 4 days later · 401 days

  7. 30 September 2016Arbitration

    30 September 2016Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal held that the Sudapet Interests were State assets subject to the agreed territorial principle of State succession and attributed to the Republic of South Sudan. The parties were ordered to bear equally the fees and expenses of the Tribunal and the Centre, with each party bearing its own expenses.

    Supporting details

    9 authorities · 6 participants
    Sudapet Company Limited
    Republic of South Sudan
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gavan Griffith
    Tribunal secretary
    Paul-Jean Le Cannu

    Authorities cited

    9
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      statute
    • Southern Sudan Investment Promotion Act 2009
      statute
    • 1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts (VCSP/1983)
      statute
    • Sudanese Companies Act 1925
      statute
    • Sudanese Civil Transactions Act 1984
      statute
    • Transitional Constitution of the Republic of South Sudan 2011
      statute
    • MTD Equity Sdn Bhd and MTD Chile S.A. v. Republic of Chile (ICSID Case No. ARB/01/7, Decision on Annulment, 21 March 2007)
      case-law
    • Sanum Investments Limited v. Laos (UNCITRAL, PCA Case No. 2013-13, Award on Jurisdiction, 13 December 2013)
      case-law
    • Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited and Bangladesh Oil Gas and Mineral Corporation (ICSID Case Nos. ARB/10/11 and ARB/10/18, Decision on Jurisdiction, 19 August 2013)
      case-law

Matter record

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Sudapet Company Limited v. Republic of South Sudan (ICSID Case No. ARB/12/26) · Matter