Arbitral Digest

Matter

Lao Holdings N.V. v. Lao People's Democratic Republic (ICSID Case No. ARB(AF)/12/6)

Case no.
ARB(AF)/12/6
Seat
Singapore
Applicable rules
ICSID Additional Facility Rules
  1. 18 June 2013Singapore

    18 June 2013Singapore

    Procedural Order No. 1 as Amended on the Consent of the Parties

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules governing the arbitration, including the applicable ICSID Additional Facility Rules, representation, evidence, hearings, and the place of arbitration.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 30 days later · 91 days

  2. 17 September 2013Singapore

    17 September 2013Singapore

    Decision on Claimant's Amended Application for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted provisional measures, including restraints on tax collection and enforcement action, subject to the Claimant's escrow payments, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 4 days later · 157 days

  3. 21 February 2014Singapore

    21 February 2014Singapore

    Decision on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Respondent's jurisdictional challenge based on the alleged early emergence of a legal dispute concerning the New Tax Code, made no award of costs at that stage, and declined to decide the alternative arguments.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 26 days later · 54 days

  4. 16 April 2014Singapore

    16 April 2014Singapore

    Decision on Claimant's Request of March 29, 2014

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal required prompt notification and reimbursement concerning the erroneous governmental order and disputed tax collection, and reaffirmed the parties' duty not to tamper with witnesses.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 14 days later · 44 days

  5. 30 May 2014Singapore

    30 May 2014Singapore

    Ruling on Motion to Amend the Provisional Measures Order

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's application to modify the provisional measures order to permit concurrent criminal investigations.

    Supporting details

    International Centre for Settlement of Investment Disputes

    20 days later · 20 days

  6. 19 June 2014Singapore

    19 June 2014Singapore

    Order on Consent

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal recorded the parties' consent to the order concerning suspension of the arbitration and implementation of the settlement arrangements.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 2 days later · 63 days

  7. 21 August 2014Singapore

    21 August 2014Singapore

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal held that the material-breach application required a limited hearing and invited the parties to provide their views on arrangements for that hearing.

    Supporting details

    International Centre for Settlement of Investment Disputes

    29 days later · 29 days

  8. 19 September 2014Singapore

    19 September 2014Singapore

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal affirmed the scheduled hearing, adjourned the Respondent's jurisdiction and suspension objection to that hearing, dispensed with evidence, and invited further written submissions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months later · 91 days

  9. 19 December 2014Singapore

    19 December 2014Singapore

    Interim Ruling on Issues Arising Under the Deed of Settlement

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rejected the Government's jurisdictional objection to the alleged breach of the settlement, but ordered a further hearing to receive factual evidence and further legal argument.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 17 days later · 48 days

  10. 5 February 2015Singapore

    5 February 2015Singapore

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set directions and deadlines for further pleadings, disclosure, submissions, witness statements, and documents.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 13 days later · 41 days

  11. 18 March 2015Singapore

    18 March 2015Singapore

    Decision on Claimant's Second Application for Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal decided the Claimant's second provisional-measures application concerning the alleged material breach and the protection of the gaming assets, as set out in its operative directions.

    Supporting details

    International Centre for Settlement of Investment Disputes

    18 days later · 18 days

  12. 5 April 2015Singapore

    5 April 2015Singapore

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued procedural directions for the pending material-breach and merits proceedings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    9 days later · 9 days

  13. 14 April 2015Singapore

    14 April 2015Singapore

    Decision on Provisional Measures

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimant's request for provisional measures in support of its material-breach application.

    Supporting details

    International Centre for Settlement of Investment Disputes

    29 days later · 29 days

  14. 13 May 2015Singapore

    13 May 2015Singapore

    Decision on Respondent's Request on the Admissibility of New Evidence

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Respondent's application to supplement the record with further evidence.

    Supporting details

    International Centre for Settlement of Investment Disputes

    28 days later · 28 days

  15. 10 June 2015Singapore

    10 June 2015Singapore

    Decision on the Merits

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimant's material-breach claims and reserved or directed costs as stated in the decision.

    Supporting details

    International Centre for Settlement of Investment Disputes

    4 months and 26 days later · 148 days

  16. 5 November 2015Singapore

    5 November 2015Singapore

    Decision on Costs

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal determined the allocation of costs following the Decision on the Merits.

    Supporting details

    International Centre for Settlement of Investment Disputes

    11 months and 15 days later · 350 days

  17. 20 October 2016Singapore

    20 October 2016Singapore

    Procedural Order No. 8 (Amended)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued amended procedural directions for the hearing of the Second Material Breach Application and related matters.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 14 days later · 165 days

  18. 3 April 2017Singapore

    3 April 2017Singapore

    Decision on Document Production

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimant's application for further document production because the agreed procedural arrangement and the evidence before the Tribunal did not justify further production.

    Supporting details

    International Centre for Settlement of Investment Disputes

    8 months and 12 days later · 256 days

  19. 15 December 2017Singapore

    15 December 2017Singapore

    Decision on the Merits of the Claimants' Second Material Breach Application

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal allowed the Second Material Breach Application in part, found material breaches of Sections 8 and 23 of the Settlement, revived the Treaty arbitration on those grounds, rejected the other grounds of revival, and reserved costs.

    Supporting details

    International Centre for Settlement of Investment Disputes

    3 months and 14 days later · 104 days

  20. 29 March 2018Singapore

    29 March 2018Singapore

    Procedural Order No. 10

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued directions for the parties' further submissions and hearing preparation.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 27 days later · 88 days

  21. 25 June 2018Singapore

    25 June 2018Singapore

    Procedural Order No. 11

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal admitted specified fresh evidence concerning the ST Group and allegations of bribery and corruption, admitted relevant portions of the BDO audit, and dismissed the remainder of the application.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 day later · 1 days

  22. 26 June 2018Singapore

    26 June 2018Singapore

    Procedural Order No. 12

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Government's application for video-link examination of Kambay Damlath, Minister Sinlavong Khoutphaythoun, and Minister Chaleune Yiapaoheu.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 days later · 2 days

  23. 28 June 2018Singapore

    28 June 2018Singapore

    Procedural Order No. 11 (Amended)

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal amended Procedural Order No. 11 to correct typographical errors and maintained its evidence rulings.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 3 days later · 33 days

  24. 31 July 2018Singapore

    31 July 2018Singapore

    Procedural Order No. 13

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal deferred the Claimants' expert substitution application and the request to strike the existing reports, and directed that the Singapore hearing proceed on all issues except damages and quantum.

    Supporting details

    International Centre for Settlement of Investment Disputes
  25. 31 July 2018Singapore

    31 July 2018Singapore

    Procedural Order No. 14

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal admitted specified rebuttal material and witness-statement extracts, excluded specified material, and deferred the admissibility of a further expert report.

    Supporting details

    International Centre for Settlement of Investment Disputes

    29 days later · 29 days

  26. 29 August 2018Singapore

    29 August 2018Singapore

    Procedural Order No. 15

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled that the request to strike William Greenlee's statements was premature, admitted two exhibits, granted the request to exclude additional BDO pages, and set equal examination time for the parties.

    Supporting details

    International Centre for Settlement of Investment Disputes

    11 months and 8 days later · 342 days

  27. 6 August 2019Singapore

    6 August 2019Singapore

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the claims, ordered Lao Holdings N.V. to pay the Respondent US$481,622.95 in arbitration costs and US$1,467,483.72 in legal representation costs and expenses, and ordered Lao Holdings N.V. to bear the ICSID arbitration costs.

    Supporting details

    7 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Ian Binnie
    Arbitrator
    Brigitte Stern
    Tribunal secretary
    Anneliese Fleckenstein
    Tribunal secretary
    Catherine Kettlewell

Matter record

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Lao Holdings N.V. v. Lao People's Democratic Republic (ICSID Case No. ARB(AF)/12/6) · Matter