Arbitral Digest

Matter

PNG Sustainable Development Program Ltd. v. Independent State of Papua New Guinea (ICSID Case No. ARB/13/33)

Case no.
ARB/13/33
Applicable rules
ICSID Arbitration Rules
  1. 28 October 2014Arbitration

    28 October 2014Arbitration

    Decision on the Respondent's Preliminary Objections under Rule 41(5) of the ICSID Arbitration Rules

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's Application of 16 July 2014, reserved all questions as to its costs, and directed that the further procedure follow Procedural Order No. 1 and the Tribunal's letter of 11 September 2014.

    Supporting details

    4 authorities · 5 participants
    PNG Sustainable Development Program Ltd.
    Independent State of Papua New Guinea
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gary Born
    Arbitrator
    Duncan Kerr
    Arbitrator
    Michael Pryles

    Authorities cited

    4
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965)
      statute
    • Papua New Guinea Investment Promotion Act 1992 (Investment Promotion Act 1992)
      statute
    • Papua New Guinea Investment Disputes Convention Act 1978 (Investment Disputes Convention Act 1978, as amended in 1982)
      statute
    • Brandes Investment Partners, LP v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/3, Award)
      case-law

    2 months and 24 days later · 85 days

  2. 21 January 2015Arbitration

    21 January 2015Arbitration

    Decision on the Claimant's Request for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the Respondent, for the duration of the arbitration, to refrain from taking further steps under Section 6 of the Tenth Supplemental Act or otherwise interfering with the Claimant's management, and to refrain from transferring or issuing any OTML shares to a third party or otherwise changing their ownership. It rejected the remainder of Request No. 1, Request No. 2, and the general Request No. 3, and reserved costs.

    Supporting details

    5 authorities · 4 participants
    PNG Sustainable Development Program Ltd.
    Independent State of Papua New Guinea
    International Centre for Settlement of Investment Disputes
    Other

    Authorities cited

    5
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965)
      statute
    • Papua New Guinea Mining (Ok Tedi Tenth Supplemental Agreement) Act 2013 (Mining (Ok Tedi Tenth Supplemental Agreement) Act 2013)
      statute
    • Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12, Decision Regarding Claimant's Application for Provisional Measures)
      case-law
    • Lao Holdings N.V. v. The Lao People's Democratic Republic (ICSID Case No. ARB(AF)/12/6, Ruling on Motion to Amend the Provisional Measures Order)
      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, Decision on the Claimant's Application for Provisional Measures)
      case-law

    3 months and 14 days later · 104 days

  3. 5 May 2015Arbitration

    5 May 2015Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously decided that it did not have jurisdiction over the Claimant's claims, that all provisional measures would cease to have effect on the Award's date of dispatch, that each Party would bear its own legal costs and expenses, and that each Party would bear 50% of the Costs of the Arbitration. All other requests for relief were dismissed, and the arbitration proceeding was concluded.

    Supporting details

    5 authorities · 5 participants
    PNG Sustainable Development Program Ltd.
    Independent State of Papua New Guinea
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gary Born
    Arbitrator
    Duncan Kerr
    Arbitrator
    Michael Pryles

    Authorities cited

    5
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965)
      statute
    • Papua New Guinea Investment Promotion Act 1992 (Investment Promotion Act 1992)
      statute
    • Papua New Guinea Investment Disputes Convention Act 1978 (Investment Disputes Convention Act 1978, as amended in 1982)
      statute
    • Phoenix Action Ltd. v. Czech Republic (ICSID Case No. ARB/06/5, Award)
      case-law
    • Saba Fakes v. Republic of Turkey (ICSID Case No. ARB/07/20, Award)
      case-law

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PNG Sustainable Development Program Ltd. v. Independent State of Papua New Guinea (ICSID Case No. ARB/13/33) · Matter