Matter

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

Asian Agricultural Products Ltd. v. Republic of Sri Lanka

Case no.: ARB/87/3
Seat: United States
Applicable rules: ICSID Arbitration Rules in force since September 26, 1984

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.
Supporting details
7 authorities · 17 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
Direct final award
Date not availableUnited States
Date not availableUnited States
Dissenting Opinion dated 15 June 1990
International Centre for Settlement of Investment Disputes
Supporting details
International Centre for Settlement of Investment Disputes
Mentioned dissenting opinion

Asian Agricultural Products Ltd.

Republic of Sri Lanka

International Centre for Settlement of Investment Disputes

Other

International Centre for Settlement of Investment Disputes