Arbitral Digest

Matter

Oded Besserglik v. Republic of Mozambique (ICSID Case No. ARB(AF)/14/2)

Case no.
ARB(AF)/14/2
Seat
United States
Applicable rules
ICSID Arbitration (Additional Facility) Rules of 2006
  1. 15 December 2015United States

    15 December 2015United States

    Procedural Order No. 1

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal established the procedural rules governing the arbitration, confirmed its constitution, set Washington, D.C. as the legal seat, and adopted procedural directions and a timetable.

    Supporting details

    International Centre for Settlement of Investment Disputes

    14 days later · 14 days

  2. 29 December 2015United States

    29 December 2015United States

    Procedural Order No. 2

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal approved the parties' revised procedural timetable, including agreed extensions for the Memorial and Counter-Memorial.

    Supporting details

    International Centre for Settlement of Investment Disputes

    5 months and 18 days later · 170 days

  3. 16 June 2016United States

    16 June 2016United States

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal approved further extensions concerning the parties' document-production submissions and adopted the revised procedural timetable.

    Supporting details

    International Centre for Settlement of Investment Disputes

    12 days later · 12 days

  4. 28 June 2016United States

    28 June 2016United States

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' document-production objections, ordered production of specified responsive documents within the Respondent's possession, custody, or control and that of Emopesca and Sulpesca, declined production concerning ROC in specified requests, and reserved the costs of the motion.

    Supporting details

    2 authorities
    International Centre for Settlement of Investment Disputes

    Authorities cited

    2
    • Mozambique Law No. 14/2011
      statute
    • Commercial Code of Mozambique
      statute

    9 months and 7 days later · 280 days

  5. 4 April 2017United States

    4 April 2017United States

    Procedural Order No. 5

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal confirmed that the March 2017 hearing dates were vacated, adopted revised dates for the hearing on jurisdiction and liability, and allowed each party to file additional and rebuttal witness evidence within the revised timetable.

    Supporting details

    International Centre for Settlement of Investment Disputes

    2 months and 15 days later · 76 days

  6. 19 June 2017United States

    19 June 2017United States

    Procedural Order No. 6

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal struck out the Claimant's surrejoinder and specified witness-statement material, excluded several witness statements, admitted Helder Amaral Matlaba's statement as a substitute for Justino Manuel Muhlanga's statement, and required leave in exceptional circumstances before further witness statements could be submitted.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 month and 8 days later · 38 days

  7. 27 July 2017United States

    27 July 2017United States

    Procedural Order No. 7

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal approved two rounds of replies and the agreed timetable for addressing the Respondent's new jurisdictional objection, directed the parties to focus on jurisdiction under Article 45 of the Arbitration (Additional Facility) Rules, and addressed reimbursement of non-refundable hearing-cancellation expenses.

    Supporting details

    International Centre for Settlement of Investment Disputes

    6 months and 16 days later · 200 days

  8. 12 February 2018United States

    12 February 2018United States

    Procedural Order No. 8

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ordered the organization of the hearing on the Respondent's new jurisdictional objection, including its scope, schedule, Washington, D.C. venue, witness examination, documentation, and hearing logistics.

    Supporting details

    International Centre for Settlement of Investment Disputes

    1 year, 8 months and 16 days later · 623 days

  9. 28 October 2019United States

    28 October 2019United States

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal found that it had no jurisdiction, accepted the Respondent's Motion to Dismiss, and dismissed the Claimant's claim. Each party was directed to bear its own legal costs, and the administrative costs were to be shared equally.

    Supporting details

    2 authorities · 5 participants
    Oded Besserglik
    Republic of Mozambique
    International Centre for Settlement of Investment Disputes
    Arbitrator
    L. Yves Fortier

    Authorities cited

    2
    • Agreement Between the Government of the Republic of South Africa and the Government of the Republic of Mozambique for the Promotion and Reciprocal Protection of Investments (Mozambique-South Africa Bilateral Investment Treaty, signed May 6, 1997)
      treaty
    • Republic of Mozambique Law No. 3/93
      statute

Matter record

Report a correction

Oded Besserglik v. Republic of Mozambique (ICSID Case No. ARB(AF)/14/2) · Matter