Arbitral Digest

Matter

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

Case no.
ARB/12/40 and ARB/12/14
  1. 18 March 2013Arbitration

    18 March 2013Arbitration

    Procedural Order No. 4 dated 18 March 2013

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal consolidated the two ICSID arbitrations and set procedural arrangements for the consolidated case, including representation and advances on costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 day later · 1 days

  2. 19 March 2013Arbitration

    19 March 2013Arbitration

    Procedural Order No. 5 dated 19 March 2013

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 19 days later · 50 days

  3. 8 May 2013Arbitration

    8 May 2013Arbitration

    Procedural Order No. 6 dated 8 May 2013

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    20 days later · 20 days

  4. 28 May 2013Arbitration

    28 May 2013Arbitration

    Procedural Order No. 7 dated 28 May 2013

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 27 days later · 272 days

  5. 24 February 2014Arbitration

    24 February 2014Arbitration

    Decision on Jurisdiction dated 24 February 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied Indonesia's second preliminary objection, concluded that Planet obtained the necessary investment approval, and held that it had jurisdiction over the dispute. The decision on costs was reserved.

    Supporting details

    4 authorities · 5 participants
    Planet Mining Pty Ltd
    Representative
    Stephen Jagusch (For: Planet Mining Pty Ltd)
    Representative
    Anthony Sinclair (For: Planet Mining Pty Ltd)
    Republic of Indonesia
    Representative
    Claudia Frutos-Peterson (For: Republic of Indonesia)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
    • Australia-Indonesia Agreement for the Promotion and Protection of Investments dated 17 November 1992 (Australia-Indonesia BIT)
      treaty
    • Indonesian Law No. 1 on Foreign Investment (1967) (Law No. 1 on Foreign Investment (1967))
      statute
    • Indonesian Law No. 25 on Investment (2007) (Law No. 25 on Investment (2007))
      statute

    1 month and 29 days later · 57 days

  6. 22 April 2014Arbitration

    22 April 2014Arbitration

    Procedural Order No. 8 dated 22 April 2014

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 16 days later · 77 days

  7. 8 July 2014Arbitration

    8 July 2014Arbitration

    Procedural Order No. 9 dated 8 July 2014

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  8. 22 July 2014Arbitration

    22 July 2014Arbitration

    Procedural Order No. 10 dated 22 July 2014

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    30 days later · 30 days

  9. 21 August 2014Arbitration

    21 August 2014Arbitration

    Procedural Order No. 11 dated 21 August 2014

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 6 days later · 67 days

  10. 27 October 2014Arbitration

    27 October 2014Arbitration

    Procedural Order No. 12 dated 27 October 2014

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    22 days later · 22 days

  11. 18 November 2014Arbitration

    18 November 2014Arbitration

    Procedural Order No. 13 dated 18 November 2014

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 4 days later · 34 days

  12. 22 December 2014Arbitration

    22 December 2014Arbitration

    Procedural Order No. 14 dated 22 December 2014

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    21 days later · 21 days

  13. 12 January 2015Arbitration

    12 January 2015Arbitration

    Procedural Order No. 15 dated 12 January 2015

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 25 days later · 84 days

  14. 6 April 2015Arbitration

    6 April 2015Arbitration

    Procedural Order No. 16 dated 6 April 2015

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 27 days later · 57 days

  15. 2 June 2015Arbitration

    2 June 2015Arbitration

    Procedural Order No. 17 dated 2 June 2015

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 4 days later · 34 days

  16. 6 July 2015Arbitration

    6 July 2015Arbitration

    Procedural Order No. 18 dated 6 July 2015

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  17. 20 July 2015Arbitration

    20 July 2015Arbitration

    Procedural Order No. 19 dated 20 July 2015

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month later · 31 days

  18. 20 August 2015Arbitration

    20 August 2015Arbitration

    Procedural Order No. 20 dated 20 August 2015

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

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

  19. 6 December 2016Arbitration

    6 December 2016Arbitration

    Award dated 6 December 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found 34 disputed documents not authentic and unauthorized, declared the claims inadmissible, ordered the Claimants to bear the Tribunal fees and ICSID administrative fees up to USD 800,000, ordered the Claimants to pay the Respondent USD 8,646,528 for 75% of the Respondent's expenses, and dismissed all other claims and requests.

    Supporting details

    3 authorities · 14 participants
    Churchill Mining Plc
    Representative
    Audley Sheppard (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Ben Luscombe (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Sam Luttrell (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    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)
    Representative
    Sam Luttrell (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Republic of Indonesia
    Representative
    Robert Richter (For: Republic of Indonesia)
    Representative
    Romesh Weeramantry (For: Republic of Indonesia)
    Representative
    Clementine Packer (For: Republic of Indonesia)
    Representative
    Claudia Frutos-Peterson (For: Republic of Indonesia)
    Representative
    Mark H. O'Donoghue (For: Republic of Indonesia)
    Representative
    Marat Umerov (For: Republic of Indonesia)
    Expert
    Steven J. Strach (For: Republic of Indonesia)
    International Centre for Settlement of Investment Disputes
    Other

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
    • United Kingdom-Indonesia Agreement for the Promotion and Protection of Investments dated 27 April 1976 (UK-Indonesia BIT)
      treaty
    • Australia-Indonesia Agreement for the Promotion and Protection of Investments dated 17 November 1992 (Australia-Indonesia BIT)
      treaty

    6 months and 21 days later · 203 days

  20. 27 June 2017Arbitration

    27 June 2017Arbitration

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

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee continued the stay on enforcement of the Award pending the annulment decision, subject to the Applicants' direct pledge of Port Land property in East Kalimantan, and provided that the stay would automatically terminate if the condition was not met. Costs were reserved.

    Supporting details

    7 participants
    Churchill Mining Plc
    Planet Mining Pty Ltd
    Republic of Indonesia
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean Kalicki
    Tribunal secretary
    Laura Bergamini

    17 days later · 17 days

  21. 14 July 2017Arbitration

    14 July 2017Arbitration

    Procedural Order No. 1 dated 14 July 2017

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    11 months and 5 days later · 340 days

  22. 19 June 2018Arbitration

    19 June 2018Arbitration

    Procedural Order No. 2 dated 19 June 2018

    International Centre for Settlement of Investment Disputes

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 27 days later · 272 days

  23. 18 March 2019Arbitration

    18 March 2019Arbitration

    Decision on Annulment dated 18 March 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 of the Award, ordered the Applicants to bear the costs of the annulment proceedings, and directed each Party to bear its own party costs.

    Supporting details

    1 authority · 13 participants
    Churchill Mining Plc
    Representative
    Sam Luttrell (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Ben Luscombe (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Audley Sheppard (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Planet Mining Pty Ltd
    Representative
    Sam Luttrell (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Ben Luscombe (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Representative
    Audley Sheppard (For: Churchill Mining Plc · Planet Mining Pty Ltd)
    Republic of Indonesia
    Representative
    Clementine Packer (For: Republic of Indonesia)
    Representative
    Romesh Weeramantry (For: Republic of Indonesia)
    Representative
    Yasonna H. Laoly (For: Republic of Indonesia)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean Kalicki
    Tribunal secretary
    Laura Bergamini

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
  24. 18 March 2019Arbitration

    18 March 2019Arbitration

    Decision on the Application to Terminate the Stay dated 18 March 2019

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Committee decided that the Respondent's application to terminate the stay of enforcement and request for security for costs were moot. Costs relating to those requests were reserved for the annulment decision.

    Supporting details

    7 participants
    Churchill Mining Plc
    Planet Mining Pty Ltd
    Republic of Indonesia
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean Kalicki
    Tribunal secretary
    Laura Bergamini

Matter record

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