Arbitral Digest

Matter

BSG Resources Limited (in administration), BSG Resources (Guinea) Limited and BSG Resources (Guinea) SARL v. Republic of Guinea (ICSID Case No. ARB/14/22)

Case no.
ARB/14/22
Applicable rules
ICSID Arbitration Rules · UNCITRAL Transparency Rules · IBA Rules on the Taking of Evidence
  1. 13 May 2015Arbitration

    13 May 2015Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the applicable procedural framework, timetable, document production process, hearing arrangements, and publication provisions for the arbitration.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 4 days later · 127 days

  2. 17 September 2015Arbitration

    17 September 2015Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established transparency arrangements, including public access and broadcast arrangements for hearings and procedures for protecting confidential information.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 8 days later · 69 days

  3. 25 November 2015Arbitration

    25 November 2015Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal partially granted the Respondent's request concerning advances of arbitration costs, allocated future advances 75% to the Claimant and 25% to the Respondent, denied security for costs, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes
  4. 25 November 2015Arbitration

    25 November 2015Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Respondent's objections to publication, ordered specified documents and passages to be withheld or redacted, and set the procedure for future publication objections.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 20 days later · 81 days

  5. 14 February 2016Arbitration

    14 February 2016Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal implemented the consolidation of ICSID Case Nos. ARB/14/22 and ARB/15/46 into the present proceeding and amended the procedural timetable and related arrangements.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 27 days later · 87 days

  6. 11 May 2016Arbitration

    11 May 2016Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Respondent's publication objections, ordered specified passages and exhibits to be redacted, and directed transmission of amended documents for publication.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 25 days later · 117 days

  7. 5 September 2016Arbitration

    5 September 2016Arbitration

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' document-production requests, granting, denying, or modifying requests as set out in the order and its schedules.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 23 days later · 114 days

  8. 28 December 2016Arbitration

    28 December 2016Arbitration

    Decision on the Proposal to Disqualify All Members of the Arbitral Tribunal

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Chairman of the Administrative Council rejected the proposal to disqualify all members of the Arbitral Tribunal.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 23 days later · 85 days

  9. 23 March 2017Arbitration

    23 March 2017Arbitration

    Procedural Order No. 8

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' objections to publication and directed the applicable redactions and publication steps.

    Supporting details

    International Centre for Settlement of Investment Disputes

    23 days later · 23 days

  10. 15 April 2017Arbitration

    15 April 2017Arbitration

    Procedural Order No. 9

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal made directions concerning the organization and conduct of the merits hearing and related pre-hearing matters.

    Supporting details

    International Centre for Settlement of Investment Disputes

    27 days later · 27 days

  11. 12 May 2017Arbitration

    12 May 2017Arbitration

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' objections to publication and specified the passages and materials to be redacted or published.

    Supporting details

    International Centre for Settlement of Investment Disputes

    26 days later · 26 days

  12. 7 June 2017Arbitration

    7 June 2017Arbitration

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions concerning post-hearing matters following the merits hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 7 days later · 37 days

  13. 14 July 2017Arbitration

    14 July 2017Arbitration

    Procedural Order No. 12

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued further post-hearing directions, including directions concerning evidence and related procedural matters.

    Supporting details

    International Centre for Settlement of Investment Disputes

    27 days later · 27 days

  14. 10 August 2017Arbitration

    10 August 2017Arbitration

    Procedural Order No. 13

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued further procedural directions concerning the post-hearing phase and the handling of evidence and publication.

    Supporting details

    International Centre for Settlement of Investment Disputes

    18 days later · 18 days

  15. 28 August 2017Arbitration

    28 August 2017Arbitration

    Procedural Order No. 14

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal appointed Todd Welch and Gerald LaPorte as forensic experts, issued their terms of reference, directed document inspection arrangements, and ordered an initial advance of USD 40,000 for expert fees and expenses.

    Supporting details

    2 participants
    International Centre for Settlement of Investment Disputes
    Other

    2 months and 10 days later · 71 days

  16. 7 November 2017Arbitration

    7 November 2017Arbitration

    Procedural Order No. 15

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal partially granted the Claimants' request to reconsider Procedural Order No. 3, restored a 50/50 allocation for future advance payments, denied the other requests, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 8 days later · 100 days

  17. 15 February 2018Arbitration

    15 February 2018Arbitration

    Procedural Order No. 16

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted leave to add transcripts of Mamadie Toure's examinations to the record and ordered production of the full transcripts, denied the remaining requests, and reserved costs.

    Supporting details

    1 participant
    International Centre for Settlement of Investment Disputes
    Other

    1 month and 5 days later · 33 days

  18. 20 March 2018Arbitration

    20 March 2018Arbitration

    Procedural Order No. 17

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the arrangements and protocols for the hearing on forensic expert evidence, including protection of confidential information.

    Supporting details

    International Centre for Settlement of Investment Disputes

    15 days later · 15 days

  19. 4 April 2018Arbitration

    4 April 2018Arbitration

    Procedural Order No. 18

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued post-hearing directions, rejected the Claimants' proposal to disqualify the tribunal-appointed experts and declare the Final Report inadmissible, directed publication under the transparency regime, and set post-hearing brief and costs-submission deadlines.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 11 days later · 133 days

  20. 15 August 2018Arbitration

    15 August 2018Arbitration

    Procedural Order No. 19

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' objections to publication, ordered specified exhibits and passages to be withheld or redacted, and directed transmission of amended documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 15 days later · 258 days

  21. 30 April 2019Arbitration

    30 April 2019Arbitration

    Procedural Order No. 20

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal stayed the proceedings as of 30 April 2019, allowed the stay to be lifted on a party motion or, if necessary, on its own initiative, and directed the parties to report on settlement discussions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 5 months and 8 days later · 527 days

  22. 8 October 2020Arbitration

    8 October 2020Arbitration

    Procedural Order No. 21

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal extended the stay until 7 December 2020, required a substantive update on settlement discussions by that date, and recalled its power to lift the stay.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 7 months and 10 days later · 587 days

  23. 18 May 2022Arbitration

    18 May 2022Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found jurisdiction over claims asserted under the Guinean Investment Code and by BSG Resources (Guinea) Limited and BSG Resources (Guinea) SARL, lacked jurisdiction over BSG Resources Limited's claims under the Base Convention and claims under the Guinean Mining Code and BOT Act, found the claims inadmissible, had jurisdiction over the Respondent's counterclaims, and dismissed the counterclaims as inadmissible. The Claimants were ordered to bear 80% of the ICSID costs and 80% of the Respondent's costs; all other claims and requests were dismissed.

    Supporting details

    9 participants
    BSG Resources Limited (in administration)
    Representative
    Michael Ostrove (For: BSG Resources Limited (in administration) · BSG Resources (Guinea) Limited · BSG Resources (Guinea) SARL)
    Representative
    Scott Horton (For: BSG Resources Limited (in administration) · BSG Resources (Guinea) Limited · BSG Resources (Guinea) SARL)
    BSG Resources (Guinea) Limited
    Representative
    Michael Ostrove (For: BSG Resources Limited (in administration) · BSG Resources (Guinea) Limited · BSG Resources (Guinea) SARL)
    Representative
    Scott Horton (For: BSG Resources Limited (in administration) · BSG Resources (Guinea) Limited · BSG Resources (Guinea) SARL)
    BSG Resources (Guinea) SARL
    Representative
    Michael Ostrove (For: BSG Resources Limited (in administration) · BSG Resources (Guinea) Limited · BSG Resources (Guinea) SARL)
    Representative
    Scott Horton (For: BSG Resources Limited (in administration) · BSG Resources (Guinea) Limited · BSG Resources (Guinea) SARL)
    Republic of Guinea
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Pierre Mayer

    2 months and 4 days later · 65 days

  24. 22 July 2022Arbitration

    22 July 2022Arbitration

    Procedural Order No. 22

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered specified redactions to the Award and to the Order, denied all other requests, and invited the ICSID Secretariat to publish redacted versions of both documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

Matter record

Report a correction

BSG Resources Limited (in administration), BSG Resources (Guinea) Limited and BSG Resources (Guinea) SARL v. Republic of Guinea (ICSID Case No. ARB/14/22) · Matter