Asian Agricultural Products Ltd. v. Republic of Sri Lanka (ICSID Case No. ARB/87/3)

Procedural record

1. 15 June 1990United States

   15 June 1990United States

   Dissenting Opinion dated 15 June 1990

   International Centre for Settlement of Investment Disputes

   Participants

   International Centre for Settlement of Investment Disputes

   12 days later · 12 days

2. 27 June 1990United States

   27 June 1990United States

   Final Award dated 27 June 1990

   International Centre for Settlement of Investment Disputes

   Decision summary

   The tribunal held the Republic of Sri Lanka responsible for the loss suffered by Asian Agricultural Products Ltd. and ordered Sri Lanka to pay USD 460,000 with interest at 10% per annum from 9 July 1987 until payment. It rejected all other submissions, allocated the parties' preparation costs and the arbitration costs, and invited the parties to consider a transfer of AAPL's shares in Serendib Seafoods Ltd. after payment.

   Participants

   Asian Agricultural Products Ltd.

   Representative

   Heribert Golsong (For: Asian Agricultural Products Ltd.)

   Representative

   Fulbright & Jaworski (For: Asian Agricultural Products Ltd.)

   Representative

   Deva Rodrigo (For: Asian Agricultural Products Ltd.)

   Republic of Sri Lanka

   Representative

   William Rand (For: Republic of Sri Lanka)

   Representative

   Robert Hornick (For: Republic of Sri Lanka)

   Representative

   Paul Friedland (For: Republic of Sri Lanka)

   Representative

   Evan Gray (For: Republic of Sri Lanka)

   Representative

   Coudert Brothers (For: Republic of Sri Lanka)

   Representative

   M.S. Aziz (For: Republic of Sri Lanka)

   Representative

   A. Rohan Perera (For: Republic of Sri Lanka)

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Ahmed Sadek El-Kosheri

   Arbitrator

   Berthold Goldman

   Arbitrator

   Samuel K.B. Asante

   Tribunal secretary

   Bertrand P. Marchais

   Other

   Witness

   Victor Santiapillai

   Authorities cited

   7

   • Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID Convention (1965))
     statute
   • Sri Lanka/United Kingdom Bilateral Investment Treaty (Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Sri Lanka for the Promotion and Protection of Investments, 13 February 1980)
     statute
   • Constitution of Sri Lanka
     statute
   • Elettronica Sicula S.p.A. (ELSI) (United States v. Italy) (Judgment of 20 July 1989)
     case-law
   • Sambiaggio Case (1903), Italy/Venezuela Mixed Claims Commission
     case-law
   • Amoco International Finance Corporation v. Iran (Award of 14 July 1987)
     case-law
   • Damages in International Law, Volume II (1937)
     academic