Vacuum Salt Products Limited v. Government of the Republic of Ghana (ICSID Case No. ARB/92/1)

Procedural record

1. 3 December 1992Arbitration

   3 December 1992Arbitration

   Decision No. 1 on Request for Recommendation of Provisional Measures

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal took note of Ghana's voluntary undertakings to negotiate with authorized representatives of Vacuum Salt Products Limited, defer formal procedures under Law No. 287 in specified circumstances, and provide access to corporate records. Vacuum Salt Products Limited accepted the undertakings as satisfying its concerns and disposing of its request for provisional measures.

   Participants

   International Centre for Settlement of Investment Disputes

2. 3 December 1992Arbitration

   3 December 1992Arbitration

   Decision No. 2 on Procedures Relating to Objections to Jurisdiction and Related Matters

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal established procedures for the parties' observations on the jurisdictional objections and related matters, as later modified.

   Participants

   International Centre for Settlement of Investment Disputes

   6 months and 11 days later · 193 days

3. 14 June 1993Arbitration

   14 June 1993Arbitration

   Decision No. 3 on Request for Recommendation of Provisional Measures

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal declined to recommend provisional measures.

   Participants

   International Centre for Settlement of Investment Disputes

   8 months and 2 days later · 247 days

4. 16 February 1994Arbitration

   16 February 1994Arbitration

   Award of the Tribunal dated 16 February 1994

   International Centre for Settlement of Investment Disputes

   Decision summary

   The Tribunal dismissed the Request for Arbitration for lack of jurisdiction. Each party was ordered to bear its own expenses, and each party was ordered to pay one half of the fees and expenses of the Tribunal and the charges for use of the Centre's facilities.

   Participants

   Vacuum Salt Products Limited

   Government of the Republic of Ghana

   International Centre for Settlement of Investment Disputes

   Arbitrator

   Charles N. Brower

   Arbitrator

   Kamal Hossain

   Arbitrator

   Robert Y. Jennings

   Authorities cited

   16

   • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention)
     statute
   • Ghana Companies Code, 1963 (Act 179) (Companies Code, 1963 (Act 179))
     statute
   • Ghana Provisional National Defence Council Law No. 287 (P.N.D.C. Law No. 287)
     statute
   • Ghana Minerals and Mining Law (P.N.D.C.L. 153)
     statute
   • Ghana Arbitration Act, 1961 (Act 38) (Arbitration Act, 1961 (Act 38))
     statute
   • Ghana Investment Code of 1985 (P.N.D.C.L. 116)
     statute
   • Amco Asia v. Indonesia (ICSID ARB/81/1)
     case-law
   • Klockner v. Cameroon (ICSID ARB/81/2)
     case-law
   • Liberian Eastern Timber Corp. v. Liberia (ICSID ARB/83/2)
     case-law
   • Holiday Inns v. Morocco (ICSID ARB/72/1)
     case-law
   • SOABI v. Senegal (ICSID ARB/82/1)
     case-law
   • North American Co. v. S.E.C. (327 U.S. 686 (1946))
     case-law
   • Report of the Executive Directors on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Doc. 2, 18 March 1965)
     academic
   • P. Szasz, A Practical Guide to the Convention on Settlement of Investment Disputes (1 Cornell International Law Journal 1 (1968))
     academic
   • A. Broches, The Convention on the Settlement of Investment Disputes between States and Nationals of Other States (136 Recueil des Cours 331 (1972))
     academic
   • C.F. Amerasinghe, Jurisdiction Ratione Personae Under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1974-1975 British Year Book of International Law 227)
     academic