Arbitral Digest

Matter

Lao Holdings N.V. v. Lao People's Democratic Republic (ICSID Case No. ARB(AF)/16/2)

Case no.
ARB(AF)/16/2
Seat
United States
Applicable rules
ICSID Arbitration (Additional Facility) Rules of 2006
  1. 24 April 2017United States

    24 April 2017United States

    Decision on Bifurcation dated 24 April 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's request for bifurcation and requested the parties to keep it informed of rulings in other proceedings.

    Supporting details

    2 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes

    22 days later · 22 days

  2. 16 May 2017United States

    16 May 2017United States

    Procedural Order No. 1 (Revised) dated 16 May 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal set the procedural rules, applicable law, tribunal constitution, party representation, cost arrangements, New York as the legal seat, and the procedural timetable.

    Supporting details

    1 authority · 7 participants
    Lao Holdings N.V.
    Representative
    Todd Weiler (For: Lao Holdings N.V.)
    Lao People's Democratic Republic
    Representative
    David J. Branson (For: Lao People's Democratic Republic)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Jean Kalicki
    Arbitrator
    Klaus Reichert

    Authorities cited

    1
    • Lao-Netherlands Bilateral Investment Treaty (Agreement on Encouragement and Reciprocal Protection of Investments between the Lao People's Democratic Republic and the Kingdom of the Netherlands, entered into force 1 May 2005)
      treaty

    5 months and 7 days later · 160 days

  3. 23 October 2017United States

    23 October 2017United States

    Procedural Order No. 2 (Decision on Respondent's Applications) dated 23 October 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal sustained the Respondent's objection to the Claimants' inclusion of claims concerning non-recognition of the 2016 SIAC Award. It granted reconsideration in part and denied it in part, declined to decide jurisdiction before liability, combined jurisdiction and liability before any quantum phase, and adopted a revised briefing structure.

    Supporting details

    2 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes

    22 days later · 22 days

  4. 14 November 2017United States

    14 November 2017United States

    Procedural Order No. 3 (Decision on Claimant's Clarification Request) dated 14 November 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the Claimants' request for clarification, denied the Respondent's objection to admissibility of Lao Holdings' additional claims concerning the 2016 SIAC Award, and allowed those claims to proceed only by Lao Holdings and not Sanum.

    Supporting details

    2 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes

    13 days later · 13 days

  5. 27 November 2017United States

    27 November 2017United States

    Procedural Order No. 4 (Revised Procedural Timetable) dated 27 November 2017

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal issued a revised procedural timetable for the original and additional claims, leading to a hearing scheduled for 8 to 17 January 2019.

    Supporting details

    2 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes

    5 months and 21 days later · 172 days

  6. 18 May 2018United States

    18 May 2018United States

    Procedural Order No. 5 (Document Production) dated 18 May 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal ruled on the parties' contested document-production requests, limited production to relevant and material documents not previously produced, confirmed the treatment of privileged material, and directed the parties to cooperate in implementing the rulings.

    Supporting details

    2 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes

    2 months and 8 days later · 69 days

  7. 26 July 2018United States

    26 July 2018United States

    Procedural Order No. 6 (Decision on Respondent's Application for Security for Costs) dated 26 July 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal denied the Respondent's application for security for costs and denied its request to strike portions of Lao Holdings' response. It deferred allocation of costs concerning those matters.

    Supporting details

    2 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes

    3 months and 19 days later · 111 days

  8. 14 November 2018United States

    14 November 2018United States

    Procedural Order No. 7 dated 14 November 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal granted the application to replace the specified subset of Exhibit R-253, denied applications to strike prior-arbitration transcripts, presentations, expert reports, and arguments, granted leave for a supplemental report by Joseph Kalt, and denied the application to strike Sabh Phommarath's witness statement.

    Supporting details

    4 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes
    Other

    2 days later · 2 days

  9. 16 November 2018United States

    16 November 2018United States

    Procedural Order No. 8 dated 16 November 2018

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal organized the January 2019 hearing, including its venue in Singapore, dates, participants, witness and expert examinations, time allocation, documentation, reporting, and interpretation arrangements.

    Supporting details

    2 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    International Centre for Settlement of Investment Disputes

    6 years, 1 month and 4 days later · 2226 days

  10. 20 December 2024United States

    20 December 2024United States

    Decision on Jurisdiction, Admissibility and Liability dated 20 December 2024

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously denied the Lao People's Democratic Republic's objections to jurisdiction and admissibility. It denied Lao Holdings N.V.'s claims concerning recognition of the 2016 ST SIAC Award, the Savan Vegas Casino, taxation, the CFA Loans, the Ferry Terminal Slot Club, the Thakhek concession, and non-payment of ICSID costs. It granted Lao Holdings N.V.'s Article 6 claims concerning expropriation of funds in Sanum's bank accounts, Sanum's right to receive back Savan Vegas cage and vault cash, and the Thakhek and Savannakhet properties, and directed the parties to propose a schedule for further quantum proceedings.

    Supporting details

    1 authority · 7 participants
    Lao Holdings N.V.
    Lao People's Democratic Republic
    John Baldwin
    International Centre for Settlement of Investment Disputes
    Other

    Authorities cited

    1
    • Lao-Netherlands Bilateral Investment Treaty (Agreement on Encouragement and Reciprocal Protection of Investments between the Lao People's Democratic Republic and the Kingdom of the Netherlands, entered into force 1 May 2005)
      treaty

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Lao Holdings N.V. v. Lao People's Democratic Republic (ICSID Case No. ARB(AF)/16/2) · Matter