Arbitral Digest

Matter

Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v Democratic Republic of Timor-Leste (ICSID Case No. ARB/15/2)

Case no.
ARB/15/2
Seat
Australia
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 13 October 2015Australia

    13 October 2015Australia

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework for the arbitration, including the applicable ICSID Arbitration Rules, party representation, cost advances, Sydney as the place of arbitration, written submissions, document production, evidence, hearings, and transparency.

    Supporting details

    4 authorities · 8 participants
    Lighthouse Corporation Pty Ltd
    Lighthouse Corporation Ltd, IBC
    Democratic Republic of Timor-Leste
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Stephen Jagusch
    Tribunal secretary
    Lindsay Gastrell
    Tribunal secretary
    Rahul Donde

    Authorities cited

    4
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • ICSID Administrative and Financial Regulations, Regulation 25
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    4 months later · 123 days

  2. 13 February 2016Australia

    13 February 2016Australia

    Procedural Order No. 2: Decision on Respondent's Application for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's application for security for costs and reserved its decision on the costs of that application for a later stage.

    Supporting details

    2 authorities · 6 participants
    Lighthouse Corporation Pty Ltd
    Lighthouse Corporation Ltd, IBC
    Democratic Republic of Timor-Leste
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Stephen Jagusch

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    4 months and 25 days later · 146 days

  3. 8 July 2016Australia

    8 July 2016Australia

    Procedural Order No. 3: Decision on Bifurcation and Related Requests

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Respondent's request to bifurcate the proceeding between its three jurisdictional objections and all other objections and the merits, directed the Parties to follow the bifurcation scenario in the Procedural Calendar, and reserved costs.

    Supporting details

    1 authority · 6 participants
    Lighthouse Corporation Pty Ltd
    Lighthouse Corporation Ltd, IBC
    Democratic Republic of Timor-Leste
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Stephen Jagusch

    Authorities cited

    1
    • Timor-Leste Foreign Investment Law (Law No. 05/2005)
      statute

    3 months and 13 days later · 105 days

  4. 21 October 2016Australia

    21 October 2016Australia

    Procedural Order No. 4: Decision on Document Production

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the document-production requests in the completed Redfern Schedules, directed the Claimants to produce documents responsive to the Respondent's amended Request 6(a), and issued directions concerning document retrieval, indexes, and produced documents.

    Supporting details

    3 authorities · 6 participants
    Lighthouse Corporation Pty Ltd
    Lighthouse Corporation Ltd, IBC
    Democratic Republic of Timor-Leste
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Stephen Jagusch

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules

    3 months and 17 days later · 109 days

  5. 7 February 2017Australia

    7 February 2017Australia

    Procedural Order No. 5: Hearing Organization

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the organization of the hearing, including its dates and venue, witnesses and experts, examination sequence and conduct, time allocation, a closed hearing, interpretation, transcripts, and post-hearing proceedings.

    Supporting details

    2 authorities · 13 participants
    Lighthouse Corporation Pty Ltd
    Lighthouse Corporation Ltd, IBC
    Democratic Republic of Timor-Leste
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Stephen Jagusch
    Other

    Authorities cited

    2
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty
    • ICSID Rules of Procedure for Arbitration Proceedings (ICSID Arbitration Rules in effect as of April 2006)
      rules

    1 month later · 28 days

  6. 7 March 2017Australia

    7 March 2017Australia

    Procedural Order No. 6: Post-Hearing Matters

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal directed the Parties on transcript corrections, simultaneous post-hearing briefs, rebuttal applications, and the filing of statements of costs.

    Supporting details

    1 authority · 8 participants
    Lighthouse Corporation Pty Ltd
    Lighthouse Corporation Ltd, IBC
    Democratic Republic of Timor-Leste
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Stephen Jagusch
    Tribunal secretary
    Lindsay Gastrell
    Tribunal secretary
    Rahul Donde

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States
      treaty

    9 months and 15 days later · 290 days

  7. 22 December 2017Australia

    22 December 2017Australia

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided that it lacked jurisdiction over the dispute. It ordered the Claimants to bear all arbitration costs, pay the Respondent USD 273,434.26, and pay USD 1,300,000 for the Respondent's legal fees and expenses, and dismissed all other relief.

    Supporting details

    7 authorities · 16 participants
    Lighthouse Corporation Pty Ltd
    Lighthouse Corporation Ltd, IBC
    Democratic Republic of Timor-Leste
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Stephen Jagusch
    Tribunal secretary
    Lindsay Gastrell
    Tribunal secretary
    Rahul Donde
    Other
    Witness
    Sean Magee

    Authorities cited

    7
    • Timor-Leste Foreign Investment Law (Law No. 05/2005)
      statute
    • Timor-Leste Private Investment Law (Law No. 14/2011)
      statute
    • Timor-Leste Foreign Investment Procedures Regulation (Government Decree No. 6/2005)
      statute
    • Timor-Leste Government Organic Law (Decree-Law No. 14/2009)
      statute
    • Charltons CJC Pty Ltd v Fitzgerald
      case law
    • Bogart Lingerie Ltd v Steadmark Pty Ltd
      case law
    • Darlington Futures Ltd v Delco Australia Pty Ltd
      case law

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Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v Democratic Republic of Timor-Leste (ICSID Case No. ARB/15/2) · Matter