Arbitral Digest

Matter

Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited v. Republic of Kenya (ICSID Case No. ARB/15/29)

Case no.
ARB/15/29
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 29 March 2016Arbitration

    29 March 2016Arbitration

    Procedural Order No. 1 dated 29 March 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework for the arbitration, including the applicable ICSID Arbitration Rules, representation, equal interim cost advances, and Dubai as the place of proceeding.

    Supporting details

    1 authority
    International Centre for Settlement of Investment Disputes

    Authorities cited

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

    1 month and 7 days later · 38 days

  2. 6 May 2016Arbitration

    6 May 2016Arbitration

    Procedural Order No. 2 dated 6 May 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal revised the procedural calendar and set the hearing for 15 to 26 January 2018.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month later · 31 days

  3. 6 June 2016Arbitration

    6 June 2016Arbitration

    Procedural Order No. 3 dated 6 June 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal required the Claimants to provide their evidence, including quantum expert evidence, with the Memorial and adopted a separate loss-of-profits phase after the merits hearing if necessary. It amended the procedural calendar accordingly.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 3 days later · 95 days

  4. 9 September 2016Arbitration

    9 September 2016Arbitration

    Procedural Order No. 4 dated 9 September 2016

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the Respondent's application for production of documents and issued directions on the identified documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

    7 months and 26 days later · 238 days

  5. 5 May 2017Arbitration

    5 May 2017Arbitration

    Procedural Order No. 5 dated 5 May 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the parties' document-production requests and objections and recorded the resulting production directions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 16 days later · 77 days

  6. 21 July 2017Arbitration

    21 July 2017Arbitration

    Procedural Order No. 6 dated 21 July 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered further searches and production concerning DPRs 5, 29 and 49, required cooperation in seeking release of the Kenyan court document bundle and the filing of search affidavits, dismissed the remainder of the application, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 1 day later · 124 days

  7. 22 November 2017Arbitration

    22 November 2017Arbitration

    Procedural Order No. 7 dated 22 November 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions following the first pre-hearing telephone conference concerning the hearing period, openings, witness order, examination time, sequestration, and closing addresses.

    Supporting details

    International Centre for Settlement of Investment Disputes

    23 days later · 23 days

  8. 15 December 2017Arbitration

    15 December 2017Arbitration

    Procedural Order No. 8 dated 15 December 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the applications concerning Najib Balala and Benjamin Langwen and admitted Moses Masibo's witness statement subject to conditions concerning his attendance, cross-examination, and relevant document production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    10 months and 7 days later · 311 days

  9. 22 October 2018Arbitration

    22 October 2018Arbitration

    Award dated 22 October 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal concluded that Special Mining Licence 351 was void ab initio and that the Claimants' investment was not protected under the applicable treaty and the ICSID Convention. It dismissed the Claimants' claims and awarded the Respondent US$3,226,429.21 in legal costs and US$322,561.14 in ICSID costs.

    Supporting details

    11 authorities · 9 participants
    Cortec Mining Kenya Limited
    Representative
    Audley Sheppard (For: Cortec Mining Kenya Limited · Cortec (Pty) Limited · Stirling Capital Limited)
    Cortec (Pty) Limited
    Representative
    Audley Sheppard (For: Cortec Mining Kenya Limited · Cortec (Pty) Limited · Stirling Capital Limited)
    Stirling Capital Limited
    Representative
    Audley Sheppard (For: Cortec Mining Kenya Limited · Cortec (Pty) Limited · Stirling Capital Limited)
    Republic of Kenya
    Representative
    Ben Sanderson (For: Republic of Kenya)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Ian Binnie
    Arbitrator
    Brigitte Stern

    Authorities cited

    11
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
      treaty
    • Kenya Mining Act (Cap. 306)
      statute
    • Kenya Forests Act (Cap. 385)
      statute
    • Kenya Environmental (Impact Assessment and Audit) Regulations, 2003
      statute
    • Kenya Antiquities and Monuments Act (Cap. 215)
      statute
    • Cortec Mining Kenya v Cabinet Secretary, Ministry of Mining, Judgment, 20 March 2015
      case-law
    • Phoenix Action v Czech Republic (ICSID Case No. ARB/06/5, Award, 19 April 2009)
      case-law
    • Vladislav Kim and others v Republic of Uzbekistan (ICSID Case No. ARB/13/6, Decision on Jurisdiction, 8 March 2017)
      case-law
    • Bear Creek v Peru (Award, 30 November 2017)
      case-law
    • World Duty Free v Kenya (ICSID Case No. ARB/00/7, Award, 4 October 2006)
      case-law
    • Liman Caspian Oil BV and NCL Dutch Investment BV v Republic of Kazakhstan (ICSID Case No. ARB/07/14, Award, 22 June 2010)
      case-law

    1 year, 9 months and 21 days later · 660 days

  10. 12 August 2020Arbitration

    12 August 2020Arbitration

    Annulment Procedural Order No. 3 dated 12 August 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee organized the virtual hearing on the application for annulment and issued directions on the hearing schedule, submissions, evidence, transcription, costs, confidentiality, and technical arrangements.

    Supporting details

    4 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    D. Brian King
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Paul-Jean Le Cannu

    1 month and 6 days later · 37 days

  11. 18 September 2020Arbitration

    18 September 2020Arbitration

    Annulment Procedural Order No. 4 dated 18 September 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee recorded agreements and confirmed directions for simultaneous post-hearing memorials, statements of costs, and corrections to the hearing transcripts.

    Supporting details

    4 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    D. Brian King
    Arbitrator
    Cavinder Bull
    Tribunal secretary
    Paul-Jean Le Cannu

Matter record

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Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited v. Republic of Kenya (ICSID Case No. ARB/15/29) · Matter