Arbitral Digest

Matter

The Carlyle Group L.P. and others v. Kingdom of Morocco (ICSID Case No. ARB/18/29)

Case no.
ARB/18/29
Seat
United States
Applicable rules
ICSID Arbitration Rules in force as of April 2006
  1. 1 July 2019United States

    1 July 2019United States

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal adopted the ICSID Arbitration Rules in force as of April 10, 2006 and set the procedural framework, representation arrangements, place of proceeding, timetable, document and evidence procedures, hearing arrangements, transparency provisions, and arrangements for third-party submissions.

    Supporting details

    2 authorities · 11 participants
    The Carlyle Group L.P.
    Representative
    Eric Ordway (For: The Carlyle Group L.P.)
    Representative
    Lori Pines (For: The Carlyle Group L.P.)
    Kingdom of Morocco
    Representative
    Christopher Harris (For: Kingdom of Morocco)
    Representative
    Georges Chalfoun (For: Kingdom of Morocco)
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Luis Fernando Rodriguez

    Authorities cited

    2
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965)
      statute
    • United States-Morocco Free Trade Agreement, 2004
      statute

    4 months later · 123 days

  2. 1 November 2019United States

    1 November 2019United States

    Procedural Order No. 2 on Third-Party Submissions

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set deadlines and requirements for submissions by the United States of America as the non-disputing party and for amicus curiae submissions, including filing, content, length, language, disclosure, and party-comment requirements.

    Supporting details

    1 authority · 8 participants
    The Carlyle Group L.P.
    Kingdom of Morocco
    United States of America
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Luis Fernando Rodriguez

    Authorities cited

    1
    • United States-Morocco Free Trade Agreement, 2004
      statute

    12 days later · 12 days

  3. 13 November 2019United States

    13 November 2019United States

    Procedural Order No. 3 on Document Production

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedure for document production, including the timetable, document requests and responses, objections, privilege and confidentiality arrangements, production decisions, and allocation of document-production costs.

    Supporting details

    3 authorities · 7 participants
    The Carlyle Group L.P.
    Kingdom of Morocco
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Luis Fernando Rodriguez

    Authorities cited

    3
    • United States-Morocco Free Trade Agreement, 2004
      statute
    • IBA Rules on the Taking of Evidence in International Arbitration 2010 (IBA Rules on the Taking of Evidence, 2010)
      rules
    • Vito G. Gallo v. The Government of Canada (NAFTA-UNCITRAL, Procedural Order No. 3, 8 April 2009, paragraph 47)
      case law

    2 months and 7 days later · 68 days

  4. 20 January 2020United States

    20 January 2020United States

    Procedural Order No. 4 - Decision on Bifurcation

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal bifurcated the Second, Third, Fourth, and Fifth Objections and joined the First Objection to the merits phase, if any. It directed that the procedural calendar in Scenario 3 of Annex B to Procedural Order No. 1 would be followed.

    Supporting details

    2 authorities · 7 participants
    The Carlyle Group L.P.
    Kingdom of Morocco
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Krystle M. Baptista

    Authorities cited

    2
    • ICSID Convention (Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965)
      statute
    • United States-Morocco Free Trade Agreement, 2004
      statute

    10 months and 13 days later · 318 days

  5. 3 December 2020United States

    3 December 2020United States

    Procedural Order No. 5 Concerning the Designation of Protected Information

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal determined that documents within the United States-Morocco Free Trade Agreement transparency regime would be available to the non-disputing party and the public. It accepted proposed redactions pro tem except for redactions concerning publicly available information and decided that no additional protective order was necessary at that time.

    Supporting details

    2 authorities · 7 participants
    The Carlyle Group L.P.
    Kingdom of Morocco
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Krystle M. Baptista

    Authorities cited

    2
    • United States-Morocco Free Trade Agreement, 2004
      statute
    • Vienna Convention on the Law of Treaties, 1969
      statute

    1 month and 3 days later · 34 days

  6. 6 January 2021United States

    6 January 2021United States

    Procedural Order No. 6 - Organization of the Hearing on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the hearing on jurisdiction, including the hearing agenda, time allocations, witness and expert procedures, open-hearing and protected-information arrangements, recording and transcript procedures, and virtual hearing arrangements.

    Supporting details

    1 authority · 7 participants
    The Carlyle Group L.P.
    Kingdom of Morocco
    International Centre for Settlement of Investment Disputes
    Tribunal secretary
    Ella Rosenberg
    Tribunal secretary
    Francisca Seara Cardoso

    Authorities cited

    1
    • United States-Morocco Free Trade Agreement, 2004
      statute

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The Carlyle Group L.P. and others v. Kingdom of Morocco (ICSID Case No. ARB/18/29) · Matter