Arbitral Digest

Matter

Raymond Charles Eyre and Montrose Developments (Private) Limited v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/16/25)

Case no.
ARB/16/25
Seat
United Kingdom
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 1 June 2017United Kingdom

    1 June 2017United Kingdom

    Procedural Order No. 1 (1 June 2017)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural framework and schedule for the arbitration, applied the ICSID Arbitration Rules in force as of 10 April 2006, and identified London as the place of proceeding.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 20 days later · 265 days

  2. 21 February 2018United Kingdom

    21 February 2018United Kingdom

    Procedural Order No. 2: Decision on Bifurcation (21 February 2018)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Respondent's request to bifurcate preliminary objections on jurisdiction and adopted the procedural timetable for the bifurcated first phase.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 9 days later · 98 days

  3. 30 May 2018United Kingdom

    30 May 2018United Kingdom

    Procedural Order No. 3: Document Production (30 May 2018)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the contested document requests in the attached Redfern Schedule and ordered production of the specified documents by 6 June 2018, subject to the stated privilege-log procedure.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 25 days later · 117 days

  4. 24 September 2018United Kingdom

    24 September 2018United Kingdom

    Procedural Order No. 4 (24 September 2018)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Claimants' application to exclude three allegedly new jurisdictional objections, granted the Respondent's requests to adduce two legal authorities and one exhibit, and invited a response to an additional document-disclosure request.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 days later · 8 days

  5. 2 October 2018United Kingdom

    2 October 2018United Kingdom

    Procedural Order No. 5 (2 October 2018)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted the hearing-organization arrangements and granted the Respondent's additional disclosure application, directing the Claimants to search for and produce responsive documents and report the search results.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 4 days later · 127 days

  6. 6 February 2019United Kingdom

    6 February 2019United Kingdom

    Procedural Order No. 6 (6 February 2019)

    International Centre for Settlement of Investment Disputes

    Decision summary
    By majority, the Tribunal granted the Respondent's application and excluded the Claimants' Express Trust Argument and Constructive Trust Argument as new issues raised after the jurisdiction hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year and 28 days later · 393 days

  7. 5 March 2020United Kingdom

    5 March 2020United Kingdom

    Award (5 March 2020)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the claims for lack of jurisdiction ratione materiae and dismissed the remaining preliminary jurisdictional objections and claims. The Claimants were ordered to pay one-third of the Respondent's jurisdiction-phase solicitor, counsel and expert fees and disbursements; each Party was ordered to bear one-half of the arbitration costs.

    Supporting details

    14 participants
    Raymond Charles Eyre
    Representative
    Christopher Harris (For: Raymond Charles Eyre · Montrose Developments (Private) Limited)
    Representative
    Cameron Miles (For: Raymond Charles Eyre · Montrose Developments (Private) Limited)
    Montrose Developments (Private) Limited
    Representative
    Christopher Harris (For: Raymond Charles Eyre · Montrose Developments (Private) Limited)
    Representative
    Cameron Miles (For: Raymond Charles Eyre · Montrose Developments (Private) Limited)
    Democratic Socialist Republic of Sri Lanka
    Representative
    Garreth Wong (For: Democratic Socialist Republic of Sri Lanka)
    Representative
    Rhiannon Price (For: Democratic Socialist Republic of Sri Lanka)
    Representative
    Ricky Diwan (For: Democratic Socialist Republic of Sri Lanka)
    Representative
    John Whittaker (For: Democratic Socialist Republic of Sri Lanka)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Lucy Reed
    Arbitrator
    Julian DM Lew
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Geraldine Fischer
    Other

    8 months and 27 days later · 272 days

  8. 2 December 2020United Kingdom

    2 December 2020United Kingdom

    Decision on Annulment (2 December 2020)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The ad hoc Committee dismissed the Application for Annulment in its entirety, ordered the Applicants to bear all fees and expenses incurred by ICSID and the Committee, ordered the Applicants to bear GBP 40,000 of the Respondent's legal costs and their own legal costs, and terminated the stay of enforcement of the Award.

    Supporting details

    14 participants
    Raymond Charles Eyre
    Representative
    Christopher Harris (For: Raymond Charles Eyre · Montrose Developments (Private) Limited)
    Representative
    Cameron Miles (For: Raymond Charles Eyre · Montrose Developments (Private) Limited)
    Montrose Developments (Private) Limited
    Representative
    Christopher Harris (For: Raymond Charles Eyre · Montrose Developments (Private) Limited)
    Representative
    Cameron Miles (For: Raymond Charles Eyre · Montrose Developments (Private) Limited)
    Democratic Socialist Republic of Sri Lanka
    Representative
    Rhiannon Price (For: Democratic Socialist Republic of Sri Lanka)
    Representative
    Ricky Diwan (For: Democratic Socialist Republic of Sri Lanka)
    Representative
    John Whittaker (For: Democratic Socialist Republic of Sri Lanka)
    Representative
    Sophie Morrison (For: Democratic Socialist Republic of Sri Lanka)
    Representative
    Sarah Hill-Smith (For: Democratic Socialist Republic of Sri Lanka)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Eduardo Zuleta
    Tribunal secretary
    Martina Polasek

Matter record

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Raymond Charles Eyre and Montrose Developments (Private) Limited v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/16/25) · Matter