Matter
Bay View Group LLC and The Spalena Company LLC v. Republic of Rwanda (ICSID Case No. ARB/18/21)
- 12 December 2018Arbitration
12 December 2018Arbitration
Procedural Order No. 1 dated 12 December 2018
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal established the procedural rules and calendar, confirmed English as the procedural language, fixed Paris, France as the place of proceeding, and provided for bifurcation of quantum from the merits.
Supporting details
2 authoritiesInternational Centre for Settlement of Investment Disputes
6 months and 16 days later · 198 days
- 28 June 2019Arbitration
28 June 2019Arbitration
Procedural Order No. 2 on Bifurcation dated 28 June 2019
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal granted bifurcation of the jurisdiction ratione temporis objections as to Bay View but denied it as to Spalena for jurisdiction ratione personae, denied bifurcation of jurisdiction ratione materiae, granted bifurcation of jurisdiction ratione voluntatis, suspended the merits proceedings pending the preliminary objections, and cancelled reserved hearing dates.
Supporting details
International Centre for Settlement of Investment Disputes
2 months later · 61 days
- 28 August 2019Arbitration
28 August 2019Arbitration
Procedural Order No. 3 on Bifurcation dated 28 August 2019
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal denied on reconsideration the Respondent's request to determine the jurisdiction ratione temporis objections as a preliminary question and directed the Parties to propose a hearing schedule.
Supporting details
International Centre for Settlement of Investment Disputes
3 months and 22 days later · 114 days
- 20 December 2019Arbitration
20 December 2019Arbitration
Procedural Order No. 4 on Document Production dated 20 December 2019
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal ruled on the Parties' document-production requests, granting or refusing the listed requests on grounds including relevance, concession, possession or control, and lack of specificity.
Supporting details
International Centre for Settlement of Investment Disputes
4 months and 24 days later · 146 days
- 14 May 2020Arbitration
14 May 2020Arbitration
Procedural Order No. 5 on the Claimants' Request to Exclude Expert Evidence dated 14 May 2020
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal dismissed the Claimants' request to disqualify Richard Mugisha from acting as the Respondent's expert witness, directed the Claimants to search a discovered flash drive for disclosable matters, and reserved costs.
Supporting details
1 participantInternational Centre for Settlement of Investment Disputes
Other
- Expert
- Richard Mugisha
4 months and 14 days later · 137 days
- 28 September 2020Arbitration
28 September 2020Arbitration
Procedural Order No. 6 on the Respondent's Request for Security for Costs dated 28 September 2020
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal dismissed the Respondent's application for security for costs and reserved consideration of the Claimants' costs application until the end of the arbitration.
Supporting details
International Centre for Settlement of Investment Disputes
8 months and 12 days later · 254 days
- 9 June 2021Arbitration
9 June 2021Arbitration
Procedural Order No. 7 Hearing Protocol dated 9 June 2021
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal issued the protocol governing the virtual hearing on jurisdiction and the merits, including its schedule, time allocation, documentation, witness and expert examination, transparency, post-hearing briefs, and possible transmission of a proposed decision or award on liability.
Supporting details
1 authorityInternational Centre for Settlement of Investment Disputes
9 months and 1 day later · 274 days
- 10 March 2022Arbitration
10 March 2022Arbitration
Procedural Order No. 8 Protocol for Redactions to the Award dated 10 March 2022
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal confirmed and expanded the procedure for redacting non-disclosure information from the Award and for resolving objections to proposed redactions after dispatch of the Award.
Supporting details
2 authoritiesInternational Centre for Settlement of Investment Disputes
20 days later · 20 days
- 30 March 2022Arbitration
30 March 2022Arbitration
Award dated 30 March 2022
International Centre for Settlement of Investment Disputes
- Decision summary
- The Tribunal dismissed Bay View's claims for lack of jurisdiction because it had no material investment in Rwanda, dismissed Spalena's claims on the merits, and dismissed all other claims. It ordered Bay View and Spalena jointly and severally to pay Rwanda GBP 1,312,233.10 and USD 361,783.72, with interest on the awarded GBP costs at SONIA from the date of the Award until payment.
Supporting details
2 authorities · 22 participantsBay View Group LLC
The Spalena Company LLC
Republic of Rwanda
- Expert
- Richard Mugisha (For: Republic of Rwanda)
International Centre for Settlement of Investment Disputes
- Arbitrator
- Rt. Hon. Lord Phillips KG, PC
- Arbitrator
- J. Truman Bidwell, Jr.
- Arbitrator
- Barbara Dohmann QC
Other
- Witness
- Zuzana Mruskovicova
- Witness
- Joseph Mbaya
- Witness
- Kevin Buyskes
- Witness
- Dominique Bidega
- Witness
- Jerry Fiala
- Witness
- Christophe Barthelemy
- Witness
- Olivier Rwamasirabo
- Witness
- Francis Gatare
- Witness
- Evode Imena
- Witness
- Anthony Ehlers
- Witness
- Jean Bosco Nsengiyuma
- Witness
- John Bosco Kagubare
- Witness
- Prosper Nkanika Wa Rupiya
- Witness
- Jean Aime Sindayigaya
- Witness
- Michael Biryabarema