Matter
Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited v. Republic of Kenya (ICSID Case No. ARB/15/29)
ICSID investment arbitration concerning Kenya’s mining licence, treaty protection, document production and annulment proceedings.
Procedural record
- 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.
Participants
International Centre for Settlement of Investment Disputes
1 month and 7 days later · 38 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
1 month later · 31 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
3 months and 3 days later · 95 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
7 months and 26 days later · 238 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
2 months and 16 days later · 77 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
4 months and 1 day later · 124 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
23 days later · 23 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
10 months and 7 days later · 311 days
- 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.
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
- Kanaga Dharmananda
- Arbitrator
- Brigitte Stern
1 year, 9 months and 21 days later · 660 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
- Arbitrator
- D. Brian King
- Arbitrator
- Cavinder Bull
- Arbitrator
- Dorothy Udeme Ufot
- Tribunal secretary
- Paul-Jean Le Cannu
1 month and 6 days later · 37 days
- 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.
Participants
International Centre for Settlement of Investment Disputes
- Arbitrator
- D. Brian King
- Arbitrator
- Cavinder Bull
- Arbitrator
- Dorothy Udeme Ufot
- Tribunal secretary
- Paul-Jean Le Cannu