Arbitral Digest

Matter

(DS)2, S.A., Peter de Sutter and Kristof de Sutter v. Republic of Madagascar (ICSID Case No. ARB/17/18)

Case no.
ARB/17/18
Applicable rules
ICSID Arbitration Rules
  1. 24 April 2018Arbitration

    24 April 2018Arbitration

    Bifurcation Decision dated 24 April 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal declined to bifurcate the proceedings and stated that it could not at that stage decide the merits of the subsidiary objection concerning claims already submitted to ICC arbitration.

    Supporting details

    4 participants
    (DS)2 S.A.
    Peter de Sutter
    Kristof de Sutter
    Republic of Madagascar
    International Centre for Settlement of Investment Disputes

    1 year, 11 months and 24 days later · 724 days

  2. 17 April 2020Arbitration

    17 April 2020Arbitration

    ICSID Award dated 17 April 2020

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal upheld jurisdiction and admissibility over the full protection and security claim, found that Madagascar breached that obligation, ordered compensation and indemnification, and allocated two-thirds of the ICSID arbitration costs to Madagascar while requiring each party to bear its own legal costs.

    Supporting details

    1 authority · 7 participants
    (DS)2 S.A.
    Peter de Sutter
    Kristof de Sutter
    Republic of Madagascar
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Alain Pellet

    Authorities cited

    1
    • Belgium-Luxembourg Economic Union-Madagascar Bilateral Investment Treaty
      treaty

    9 months and 5 days later · 280 days

  3. 22 January 2021Arbitration

    5 days later · 5 days

  4. 27 January 2021Arbitration

    27 January 2021Arbitration

    Procedural Order No. 2 dated 27 January 2021

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Annulment Committee recorded the parties' agreement that the stay of enforcement of the Award would continue until the application was decided, the proceeding was discontinued, or the application was withdrawn, subject to the Respondents' stated enforcement rights.

    Supporting details

    3 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gabriel Bottini

    1 year, 8 months and 17 days later · 625 days

  5. 14 October 2022Arbitration

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(DS)2, S.A., Peter de Sutter and Kristof de Sutter v. Republic of Madagascar (ICSID Case No. ARB/17/18) · Matter