Arbitral Digest

Matter

CMC Muratori Cementisti CMC Di Ravenna SOC. Coop., CMC Muratori Cementisti CMC Di Ravenna SOC. Coop. A.R.L. Maputo Branch and CMC Africa Austral, LDA v. Republic of Mozambique (ICSID Case No. ARB/17/23)

Case no.
ARB/17/23
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 8 December 2017Arbitration

    8 December 2017Arbitration

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the applicable ICSID Arbitration Rules, the procedural framework, the place of proceeding, the procedural language, the hearing and pleading arrangements, and the arbitration timetable.

    Supporting details

    1 authority · 4 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    J. Brian Casey
    Arbitrator
    Peter Rees QC
    Tribunal secretary
    Ella Rosenberg

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (18 March 1965)
      statute

    5 months and 14 days later · 165 days

  2. 22 May 2018Arbitration

    22 May 2018Arbitration

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' document production requests concerning jurisdiction, without prejudice to later determinations on admissibility, relevance, probative value, or the merits.

    Supporting details

    1 authority · 4 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    J. Brian Casey
    Arbitrator
    Peter Rees QC
    Tribunal secretary
    Ella Rosenberg

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (18 March 1965)
      statute

    2 months and 24 days later · 85 days

  3. 15 August 2018Arbitration

    15 August 2018Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's application to bifurcate the proceeding, both as originally made and as modified to isolate the Cotonou Convention objection.

    Supporting details

    10 participants
    Anna Devine
    Luis Gonzalez Garcia
    Alan Del Rio
    Juan C. Basombrio
    Erica Haggerty
    International Centre for Settlement of Investment Disputes
    Arbitrator
    J. Brian Casey
    Arbitrator
    Peter Rees QC
    Tribunal secretary
    Ella Rosenberg
    Institutional administrator
    David Kasdan

    4 months and 4 days later · 126 days

  4. 19 December 2018Arbitration

    19 December 2018Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' document production requests concerning the merits and directed production of ordered documents and privilege information by 4 January 2019.

    Supporting details

    1 authority · 4 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    J. Brian Casey
    Arbitrator
    Peter Rees QC
    Tribunal secretary
    Ella Rosenberg

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (18 March 1965)
      statute

    1 month and 27 days later · 58 days

  5. 15 February 2019Arbitration

    15 February 2019Arbitration

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal admitted the Respondent's observations concerning the European Court of Justice's Achmea decision into the record, set the hearing dates and location, and issued directions concerning witnesses, experts, hearing materials, and logistics.

    Supporting details

    1 authority · 10 participants
    Alan Del Rio
    Luis Gonzalez Garcia
    Juan C. Basombrio
    Erica Haggerty
    International Centre for Settlement of Investment Disputes
    Arbitrator
    J. Brian Casey
    Arbitrator
    Peter Rees QC
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Stijn Winters
    Other

    Authorities cited

    1
    • Achmea judgment of the Court of Justice of the European Union (Achmea)
      case-law

    1 month and 28 days later · 56 days

  6. 12 April 2019Arbitration

    12 April 2019Arbitration

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions for the merits hearing, including directions concerning the possible non-attendance of Mr. Gridella, the hearing schedule, additional authorities, amended translations, and proposed declarations.

    Supporting details

    10 participants
    Alan Del Rio
    Luis Gonzalez Garcia
    Juan C. Basombrio
    Erica Haggerty
    International Centre for Settlement of Investment Disputes
    Arbitrator
    J. Brian Casey
    Arbitrator
    Peter Rees QC
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Stijn Winters
    Other

    6 days later · 6 days

  7. 18 April 2019Arbitration

    18 April 2019Arbitration

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal kept Mr. Gridella's two witness statements in the record, permitted discussion of them in opening statements while reserving their weight for the Award, permitted Mr. Alicandri to attend the hearing subject to limits, accepted two additional declarations, and accepted amended translations.

    Supporting details

    7 participants
    International Centre for Settlement of Investment Disputes
    Arbitrator
    J. Brian Casey
    Arbitrator
    Peter Rees QC
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Stijn Winters
    Other

    6 months and 6 days later · 189 days

  8. 24 October 2019Arbitration

    24 October 2019Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal concluded that it had jurisdiction, found that the Respondent prevailed on the merits, dismissed each of the Claimants' claims, awarded no damages, ordered the costs of arbitration to be borne equally, directed each party to bear its own case costs and expenses, and dismissed all other requests for relief.

    Supporting details

    10 authorities · 23 participants
    CMC Muratori Cementisti CMC Di Ravenna SOC. Coop.
    Representative
    Luis Gonzalez Garcia (For: CMC Muratori Cementisti CMC Di Ravenna SOC. Coop.)
    Representative
    Alan Del Rio (For: CMC Muratori Cementisti CMC Di Ravenna SOC. Coop.)
    Representative
    Erica Chen (For: CMC Muratori Cementisti CMC Di Ravenna SOC. Coop.)
    Expert
    Teresa Filomena Muenda (For: CMC Muratori Cementisti CMC Di Ravenna SOC. Coop.)
    CMC Muratori Cementisti CMC Di Ravenna SOC. Coop. A.R.L. Maputo Branch
    CMC Africa Austral, LDA
    Republic of Mozambique
    Representative
    Donal Larkin (For: Republic of Mozambique)
    Representative
    Juan C. Basombrio (For: Republic of Mozambique)
    Expert
    Tomas Timbane (For: Republic of Mozambique)
    Representative
    Valentina Casasola (For: Republic of Mozambique)
    Representative
    Angelo Vasco Matusse (For: Republic of Mozambique)
    Representative
    Ismael Faruc Nurmahomed (For: Republic of Mozambique)
    Maria-Rosa Rinne
    International Centre for Settlement of Investment Disputes
    Arbitrator
    J. Brian Casey
    Arbitrator
    Peter Rees QC
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Stijn Winters
    Institutional administrator
    Laurie Carlisle
    Other

    Authorities cited

    10
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (18 March 1965)
      statute
    • Agreement between Italy and Mozambique on the Promotion and Reciprocal Protection of Investments (14 December 1998)
      statute
    • Partnership Agreement between the African, Caribbean and Pacific Group of States and the European Community and its Member States (Cotonou Convention, 23 June 2000)
      statute
    • Civil Code of Mozambique
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration (2010)
      academic
    • Achmea judgment of the Court of Justice of the European Union (Achmea)
      case-law
    • RREEF Infrastructure v Kingdom of Spain (ICSID Case No. ARB/13/30)
      case-law
    • Eskosol v Italy (ICSID Case No. ARB/15/50)
      case-law
    • Garanti Koza LLP v Turkmenistan (ICSID Case No. ARB/11/20)
      case-law
    • Vienna Convention on the Law of Treaties (23 May 1969)
      statute

Matter record

Report a correction

CMC Muratori Cementisti CMC Di Ravenna SOC. Coop., CMC Muratori Cementisti CMC Di Ravenna SOC. Coop. A.R.L. Maputo Branch and CMC Africa Austral, LDA v. Republic of Mozambique (ICSID Case No. ARB/17/23) · Matter