CIADI - Annual report 2000

1 e s 1 -fi000_.ANN _U_AI, REp_Qfi----- ltltil 1nternational Centre for ml! Settlement of lnvestment Disputes D ?.2 Table of Contents Page 3 Letter of Transmittal 4 Introduction by the Secretary-General 6 Membership 6 Disputes befare the Centre 17 Panels of Conciliators and of Arbitrators 18 Publications and Advisory Activities 20 Conferences 21 Thirty-third Annual Meeting of the Administrative Council 21 Financelnternational Centre for Settlement of lnvestment Disputes July 25, 2000 Dear Mr. Chairman, Pursuant to Administra ti ve and Financial Regulation 5 ( 4), I arn pleased to submit to the Administrative Council far its app roval the Annual Report on the Operation of the International Centre for Settlement of Investment Disputes required by Article 6(l)(g) of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, This Annual Report covers the fiscal year July 1, 1999 to June 30, 2000, The Repor t includes the audited financial statements of the Centre, presented pursuant to Administrative and Financial Regu­ lation 19. Mr. James D. Wolfensohn Chairman Administrative Council Sincerely yours, -fifi Ibrahim FI. Shihata Secretary-General International Centre far Settlement of Investment Disputes 34 lntroduction hy the Secretary-General During the year, Bulgaria and the Domini­ can Republic took the first step towards be­ coming ICSID members by signing the ICSID Convention. Ukraine completed the process by ratifying the Convention. That ratification has increased the number of ICSID members to 132. The caseload witn essed extraordinar y growth. Twelve arbitration cases were regis­ tered during the year, a new record far the Centre. Altogether, 38 arbitration cases were

ratifying the Convention. That ratification has increased the number of ICSID members to 132. The caseload witn essed extraordinar y growth. Twelve arbitration cases were regis­ tered during the year, a new record far the Centre. Altogether, 38 arbitration cases were pending befare ICSID in fiscal year 2000, seven gover ned by the Additional Facility Rules and the rest by the ICSID Convention. The growth in the caseload reflects the prolif­ eration of investment laws and treaties with provisions setting forth advance general con­ sents on the par t of the States concerned to submit covered investment disputes to ICSID arbitration. Sorne two thirds of the cases pend­ ing in fiscal year 2000 were submitted to ICSID under such provisions. Most of these cases were brought under the provisions of bilateral investment treaties and six were brought to the Centre under the Investment Chapter of the 1992 Nor th American Free Trade Agreement

(NAITA).

Awards were rendered in five cases during the year. Two of these were awards made in NAFTA Investment Chap ter cases; in one of them, the tribunal declined jurisdiction over the dispute while the second award dismissed the claims on their meríts. At the request of the parties concerned, a further award embodied a settlement agreement of the parties. In the course of the year, settlement agreements were reached in three other cases. As Secretar y-General of ICSID, I was asked, as the designated appointing authority, to appoint arbitrators in two cases initiated un­ der the Arbitration Rules of the U.N. Commis­ sion on International Trade Law (UNCITRAL), One of these is a NAFTA Investrnent Chapter case. The other is a case initiated under a bilat­ eral investment treaty: The UNCITRAL Arbitra­ tion Rules give the appointing author ity the responsibility of also deciding on challenges by parties of arbitrators for lack of impartiality or independence. I decided two such chal­

case. The other is a case initiated under a bilat­ eral investment treaty: The UNCITRAL Arbitra­ tion Rules give the appointing author ity the responsibility of also deciding on challenges by parties of arbitrators for lack of impartiality or independence. I decided two such chal­ lenges during the year. Another highlight of the fisca l year was ICSID's administration of the proceedings in the Southern 8luefin Tuna Case, an arbitration instituted pursuant to Article 28 of the U.N. Convention on the Law of the Sea. The dispute in that case, which concer ns the conservation of southern bluefin tuna, is between Australia and New Zealand on the one hand and Japan on the other. The Centre undertook the admin­ istration of the proceeding at the request of the parties and of the arbitral tribunal. Hearings on Japan's objections to jurisdictíon were hel d befare the arbitral tribunal at the seat of ICSID in Washington, D.C. from May 7 to May 11,

2000. The case is the first ínter-State proceed­ ing that ICSID has admínistered.

ICSID publications issued during the year included two issues of the ICSID Review-For­ eign Investment Law Journal. They contained articles on the exper ience of ICSID since its inception, on ínvestment and arbitration laws of Ethiopia, Peru and Turkey, on reforming busi­ ness-related laws in Africa and on the new Timor Gap agreement. Two new releases forthe Centre's collection of Investment Laws oí the World were published and another releas e for the collection of Investment Treaties was is­ sued. Wi th these additions, the collections comprise the texts ofthe basic investment laws of 12 9 countries and the texts of 7 45 bilateral investment treaties. The staff continued to be active in respond­ ing to requests from governments, investors and other World Bank Group units for informa­ tion and advice on foreign investment law and

comprise the texts ofthe basic investment laws of 12 9 countries and the texts of 7 45 bilateral investment treaties. The staff continued to be active in respond­ ing to requests from governments, investors and other World Bank Group units for informa­ tion and advice on foreign investment law and arbitration law. ICSID staff also gave presenta-: tions on the work of the Centre at ten interna­ tional conferences and training events. This is the last annual report of the. Centre that I have had the pleasure of introducing. I will shortly be retiring, after nearly l 7 years as Secretar y-General of ICSID. I am particularly glad to have ser ved ICSID in a period of tre­ mendous expansion of its activities. During this period, membership in the Centre grew by 60 percent. Sorne 1,000 bilateral investment trea­ ties containing ICSID clauses were concluded. Four multilateral treaties with similar clauses were signed. There was a dramatic, sixfold, in­ crease in ICSID's caseload. Decisions ren­ dered in ICS ID cases made substantial contr ibutions to international arbitration and international investment law: ICSID staffpartíci­ pated in the elaboration of the 1985 Conven­ tion Establishing the Multilateral lnvestment Guarantee Agency; assisted with the work on the 1992 World Bank Guidelines on the Treat6 ment of Foreign Direct Investment; and helped with the formulation of the investor-to-State dis­ pute-settlement provisions of the NAFTA. The staff also participated in the work of the expert group convened by the Organisation far Eco­ nomic Cooperation and Development to draw up the dispu te-se ttl ement provisions of the Multilateral Agreement on Investment. Provid­ ing advice on foreign investment law and arbi­ tration became a regular part of the work of ICS ID. The Cen tre's infor mation activities in these fields were streng thened with the

up the dispu te-se ttl ement provisions of the Multilateral Agreement on Investment. Provid­ ing advice on foreign investment law and arbi­ tration became a regular part of the work of ICS ID. The Cen tre's infor mation activities in these fields were streng thened with the launching of the JCSID Rfiview-Foreign lnvestment Law ]ou.rnal. On leaving ICSID, I wish to thank its mem­ ber countries far their support of the Centre. The dedicated staff of ICSID and, in particular Antonio R. Parra, the Deputy Secretary-Gen­ eral, deserve much credit far the Centre's var­ ied and impressive achievements to date. I am confident that many more such achievements lie ahead for ICSID under the leadership of my successor, Ko-Yung Tung. Ibrahim F.I. Shihata Secretary-General6 Membership In the past fiscal year, the Convention was signed by Bulgaria and the Dominican Repub­ lic. The Convention was ratified by Ukraine. At June 30, 2000, there were 149 signatory States of the Convention; of these, 132 had also rati­ fied the Convention. A complete list of Con­ tracting States and Other Signatories of the Convention as ofJune 30, 2000 appears in An­ nex l. Disputes before the Centre During the year, there were 38 cases befare the Centre. Developments in these cases are summarized below. (1) American Manufacturing & Trading, lnc. v. Democratic Republic of the Congo (Case ARB/93/ 1)-Revision Proceeding February 9, 2000-Following a settle­ ment agreed by the parties, the Respon­ dent requests the discontinuance of the proceeding. April 18, 2000-The Tribunal is recon­ stituted. Its members are: Somp ong Sucharitkul (Thai), President; Daoud

ment agreed by the parties, the Respon­ dent requests the discontinuance of the proceeding. April 18, 2000-The Tribunal is recon­ stituted. Its members are: Somp ong Sucharitkul (Thai), President; Daoud Khairallah (Lebanese), appointed follow­ ing the death of Heribert Golsong (Ger­ man); and Kéba Mbaye (Senegalese). May 2, 2000-The Tribunal takes note that the Claimant is deemed to have ac­ quiesced in the discont inuance of the proceeding requested by the Respon­ dent. (2) Compañía del Desarrollo de Santa Elena S.A. v. Government of Costa Rica (Case ARB/96/1) July 12; 1999-The pa r ties file their post-hearing memorials. February 17, 2000-The Tribunal ren­ ders its award. April 7, 2000-The Secretary-General registers a request far rectifícation of the award.June 8, 2000-The Tribunal renders its rectification of the award. (3) Misima Mines Pty. Ltd. v. Independent Sta te oí Papua New Guinea (Case ARB/96/ 2) September 14, 1999-The Sole Arb i­ trator meets with the parties in Sydney: June 14 , 2000-The Claimant requests a suspension of the proceeding until Au­ gust 30; 2000. (4) Metalélad Corporation v. United Mexican States (Case ARB(A F)/ 97/1) July 6, 1999-The Tribu nal hol ds a meeting with the parties on the marshal­ ling of evidence in Washington, D. C. July 28, 1999-Canada files a submis­ sion under NAFTA Article 1 128. August 30 to September 9, 1999-The • Tribunal holds a hearing in Wash ington,

ling of evidence in Washington, D. C. July 28, 1999-Canada files a submis­ sion under NAFTA Article 1 128. August 30 to September 9, 1999-The • Tribunal holds a hearing in Wash ington,

D. C.

November 9, 1999-The par ties file their post -he aring subm iss ions . The United States of Arnerica files a submis­ sion under NAFTAArticle 1 128. (5) Robert Azinian and others v. United Mexi­ can States (Case ARB (AF)/ 9712) July 16, 1999-The par ties file their post-hearing submissions, 7 November 1, 1999-The Tribunal ren­ ders its award, (6) Socié té d' Investigation de Recherche et d' Exploita tion Miniere (SJREXM) v. Burkina Faso (Case ARB/9 7/1) October 15, 1999-The proceeding is declared closed. November 22, 1999-The parties sub­ mit their statements on costs, Januar y 19, 2000-The Tribu nal ren­ ders its award . (7) Compañ ía de Aguas del Aco nq wja S.A. an d Com pagni e Générale des Ea ux v. Argentine Republic (Case ARB/9 7/3) June 23, 1999-The parties file a jo int appendix of authorities. July 29, 1999-Pu rsuant to the Tribunal 's Or der of April 27 , 1999, th e Claimants file an additional witness state­ ment. August 11 -13 , 19 9 9-The Tribu nal holds a hearing in Washington, D. C. August 25, 1999-The Tribunal issues a po st-hear ing order. September 30, 1999-The partie s file

ment. August 11 -13 , 19 9 9-The Tribu nal holds a hearing in Washington, D. C. August 25, 1999-The Tribunal issues a po st-hear ing order. September 30, 1999-The partie s file their post-hear ing memorials. October 12 , 1999-The par ties file their po st-hearing rejoinders,8 (8) Ceskoslovenska ob chod ni ban ka, a.s . v. Slovak Republic (Case ARB/9 714) November 15, 19 99The Cl aim ant files its memorial on the merits. Dece mber 21, 199 9-The Cl aim ant files a request far provisional measur es. Dece mber 23, 19 99-The Respondent files a further and partial objection to ju­ risd iction. Jan uary 19 , 2000 -The Respon dent files its obser vations on the request far provisional measu res. February 1, 2000 -The Claima nt files its reply on the observatio ns on the re­ quest far provi sional meas ures. February 7, 2000The Claimant files its observations on the further and partia l objection to juris diction. February 10 , 200 0-The Respondent files its rejoinder on the request for provi­ sional measu res. March 1, 200 0-The Tribunal issues an arder on the Claimant's request for provi­ sional measures. March 7, 2000-The Respondent files its reply on the obser vations on the fur­ ther and partial objection to jurisdi ction . March 21, 2 000-The Claímant files its rejoínder on the further and partial ob­ j ection to jurisdi ction . (9) Lanco lnt ernational, lnc. v: Argen tine Re­

ther and partial objection to jurisdi ction . March 21, 2 000-The Claímant files its rejoínder on the further and partial ob­ j ection to jurisdi ction . (9) Lanco lnt ernational, lnc. v: Argen tine Re­ public (Case ARB/9716 ) October 10, 1999-At the parties' re­ quest, the Tribunal postpones holding a hearing on the merits. May 1, 2000-The Tribunal conducts a visit of the place cónnected with the dis­ pute, with the parties. May 2-3 , 2000-The Tribunal holds a hear ing on the merits in Buenos Aires. June 15, 2000-The Respondent files document ation at the request of the Tri­ bunal . J une 16, 2 000-The par ties file their post-hearin g submissions. June 19, 2000-The Claimant requests the discontinuance of the pr oceeding un­ der Arbitration Rule 44. (10 ) Emilio Agus tín Maffezini v. Kingdom oí Spain (Case ARB/97 17) August 9, 1999-The Tribunal holds a hear ing on ju risdi ction in Washing ton ,

D. C.

Oc tober 28 , 19 99-The Tribun al is­ sues an arder on the Responde nt 's re­ quest far provisional measures.January 25 , 200 0-The Tribunal ren­ de rs its decision on jurisdict ion. March 21 , 200 0-The Claimant files its reply on the merits. May 3, 200 0-The Resp ondent sub­ mits its rejoinder on the merits . ( 11 ) Compagnie Fram;aise pou r le Dé velop ­ pemen t des Fibres Textiles v. Republlc oí Cote d'Jvoire (Case ARB/9 7/8)

mits its rejoinder on the merits . ( 11 ) Compagnie Fram;aise pou r le Dé velop ­ pemen t des Fibres Textiles v. Republlc oí Cote d'Jvoire (Case ARB/9 7/8) Se ptem ber 15, 19 99-The Resp on­ dent files its statement on costs . October 14 , 19 99-The Claimant files its reply to the Respondent's statement on costs . February 24 , 200 0-The procee ding is declared closed. April 4, 2000-The Tribunal renders its award. (12 ) Joseph C. Lemire v. Ukraine (Case ARB(AF)/98/1) September 24 , 1999The Tribunal is­ sues a decision joining the object ions to jurisdiction to the merits. March 2, 200 0-The Tribunal grants the Claimant's request far a suspension of the proceed ing until June 1, 2000. 9 April 6, 2000 -The Parties file with the Tribunal the terms of their agreemen t to settle the dispu te. (1 3) Houston Indu stries Energy, !ne. and others

1. Argen tine Republic (Case ARB/98/ 1) J uly 9, 19 9 9-The Claimants file their memorial on jurisdiction and the merits.

November 5, 19 99-The Res pond ent files its counter-memorial on ju risdiction and the merits. Dec ember 10, 199 9-The Clai mants file thei r reply on ju risdicti on and the merits. February 1, 2000The Res pond ent files its rejoinder on ju risdicti on and the merits. February 4, 200 0-The Cl aimants file a request far provisional me asures. February 16, 200 0-The Respondent

February 1, 2000The Res pond ent files its rejoinder on ju risdicti on and the merits. February 4, 200 0-The Cl aimants file a request far provisional me asures. February 16, 200 0-The Respondent files its obs er vations on the Cl aimants ' request far pr ovisional me asures. April 16, 2000The Cl aimants file a request far the discontinuance of the pro­ ceeding . May 19, 20 00-The Respondent files its objections to the Claiman ts ' request far discontinuance of the proce eding.10 June 16 , 200 0-The Tribun al takes note of the Respondent's objec tions to the discontinuance of the proceeding and in­ forms the par ties that the procee din g shal l continue. (1 4) Victor Pey Casa do and an other v. Republic oí Chile (Case ARB/9 8/2) Septe mber 13, 19 9 9-The Respon­ dent files a reques t for provisional mea­ sures. October 6, 19 9 9-The Claimants file their counter-memor ial on jurisdiction. January 3, 2000-The Responde nt files its reply on jurisdiction, February 10 , 2000-The Claimants file their rejoinder on jurisdiction. May 3-5 , 2000-The Tribunal holds a hear ing on jurisdic tion in Washingt on,

D. C. ( 15) Jnternat ional Trust Company oí Liberia v.

Republic oí Liberia (Case ARB/98/3) July 9, 19 99 -The Centre provides the parties with a final state ment of the direct costs of the proceeding. ( 16) Wena Hotels Limited v. '.Arab Republic oí Egypt (Case ARB/98 14)

July 9, 19 99 -The Centre provides the parties with a final state ment of the direct costs of the proceeding. ( 16) Wena Hotels Limited v. '.Arab Republic oí Egypt (Case ARB/98 14) July 29, 19 99 -The Claimant files its memorial on the merits . September 6, 1999-The Respondent files its counter-memor ial on the merits. Septemb er 27, 199 9-The Claimant files its reply on the merits . Octo ber 18 , 199 9-T he Respo ndent files its rejoinder on the meri ts. De cember 9, 199 9The Tribunal is reconstitut ed. Its members are: Mon roe Leigh (U. S.), Preside nt; Ibrahim Fadlallah (Lebanefie); and Don Wallace, Jr. (U. S.), appoi nted follow ing the resig nation of Michael F. Hoel lering (U. S.). Ap ril 25 -29, 2000-The Tribunal holds a hearing on the mer its in París. May 30, 2000-The par ties file their post -hear ing submissions . . ( 1 7) E u doro A. Olguín v. Republic oí Paraguay (Case ARB/98/5) August 2, 1999-The Respondent fil es its objections to ju risdiction, September 10, 1999-The Cl aima nt files its counter-memor ial on jur isdiction, December 21 , 1999 -The Respondent files its reply on jurisdiction. February 2, 2000-The Claimant files its rejo ind er on jurisdiction .(18 ) Compagnie Miniere lnternationale Or S.A.

1. Republic oí Peru (Case ARB/98/6) June 7, 2000-The Tribunal is const i­

February 2, 2000-The Claimant files its rejo ind er on jurisdiction .(18 ) Compagnie Miniere lnternationale Or S.A.

1. Republic oí Peru (Case ARB/98/6) June 7, 2000-The Tribunal is const i­ tuted , Its memb ers are: Ian Brown li e

(Br itish), Preside nt; Henri C. Alvarez (Mexican) ; and Keith Highet (U. S. ), (19) Banro American Resour ces, !ne, . and Société Aunfere du Kivu et du Maniema

S. A.R .L . v. Dem ocratic Rep ublic oí the Congo (Case ARB/9817) JÚly 23 , 1999-The Tribunal renders its decis ion on the Cl ai mants ' requ est for pr ovision al rr.ieasures.

Sep temb er 23, 1999-The Claimants file their obse rvations on the objections to jurisdiction. November 5, 1999-The Claimants file their answers to the Tribunal 's questions raised at the first sessi on, Februar y 29, 2000-The Tribunal meet s in Paris for del íbe rations on the objections to jurisdicti on, (20) Waste Managem ent, Inc. v. United Mexican States (Case ARB(AF)/9812) July 16 , 19 99-The Tribunal holds its firs t sessi on with the par ties in The Hague. Sep tember 29, 19 99-The Claimant files its memor ial on the merits and juris­ diction. 11 November 5, 19 99The Resp ondent files its co unter-memorial on jurisdiction. November 9, 1999-The Claimant files íts obser vatí ons on the Resp onden t's counter-memori al on jurisdiction, November 16, 199 9-The Respondent

files its co unter-memorial on jurisdiction. November 9, 1999-The Claimant files íts obser vatí ons on the Resp onden t's counter-memori al on jurisdiction, November 16, 199 9-The Respondent files its response to the Claimant's obs er­ vations to its counter-memo rial on juris ­ diction, J anuar y 31, 2000-The Tribunal hol ds a hearing on ju risd iction in Washin gton, D, C, June 2, 200 0-The Tribunal renders its award, (21) The Loew en Group, Inc , and Raymond L. Loewen v. Unite d States oí America (Case ARB(AF) 198 13) May 18, 1999-The Tribunal holds its first session with the parti es in Washing­ ton, D. C. October 18, 1999-The Claimants file their memor ials on the merits, Februar y 18 , 2000-The Resp ondent files its objec tions to jurisd iction, May 26 , 2000-The Claimants file their counter-memori al on the objections to ju­ risdiction,12 (22) Tanzania Elec tric Supply Company Lim­ ited v. Independen t Power Tanzania Lim­ ited (Case ARB/98/8) July 12 , 19 99-The Claim ant files its reply to the Resp ondent 's observ ations on the Claimant's request for provisional me asures . Aug ust 2 7, 19 99-The Claimant files its obser vations on the Respondent 's re­ quest for provisi onal measures. Septemb er 15, 19 9 9-The Respon­ dent files its reply to the Claimant's obs er­ vations on the Respondent 's re quest far provisional meas ures. Oct ober 18 -19, 19 9 9-The Tribunal

Septemb er 15, 19 9 9-The Respon­ dent files its reply to the Claimant's obs er­ vations on the Respondent 's re quest far provisional meas ures. Oct ober 18 -19, 19 9 9-The Tribunal holds a hearing on par ties ' requests far provisional measures. November 19, 19 99-The Tribunal is­ sues its decis ion on the Responden t 's re­ quest for provisional measures. January 26, 20 00-The Claima nt files its submissions on preliminary issues and its memor ial on the merits. January 26 , 2000-The Respondent files its submissions on preliminary matters. March 13-16 , 2000-The Tribunal meets wíth the partí es in London. April 20, 20 00-The par ties file th eir pos t-h ear ing br iefs on prelimi nar y is­ sues. April 20, 2000-The Respondent files its counter-memorial on the merits. May 22, 2000-The Tribunal iss ues its decision on preliminary issu es. May 26, 2000-The Claima nt files its reply on the merits. June 29, 2000-The Resp ondent files its rejoinder on the merits . (23) Mobil Argen tina S.A. v. Argentine Republic (Case ARB/99/ 1/ July 2, 199 9-The Claimant request s the dis continuance of the pr oce eding in accordanc e with Arbitration Rule 44. July 21, 1999-The Secret ary-General issues an arder taking note of the disfion­ tinuance of the procee ding. (24) Alex Genin and others v. Republic oí Esto­ nia (Case ARB/99 /2) Septem ber 21, 19 99-The Tribunal is constitu ted. Its members are : L. Yves

tinuance of the procee ding. (24) Alex Genin and others v. Republic oí Esto­ nia (Case ARB/99 /2) Septem ber 21, 19 99-The Tribunal is constitu ted. Its members are : L. Yves Fortier (Canadian), President ; Meir Heth (Is raelí); and Alber t Jan van den Be rg (N etherland s) . October 12 , 19 99-The Tribunal holds its first session in Zurich. The Respondent raises objections to jurisd iction . November 12 , 19 99-The Respondent files its memor ial on obj ections to juris­ diction.Dece mber 14 , 19 99-The Claimants file their counter-memorial on jurisdiction. January 8, 2000-The Tribunal hold s a hea ring on ju risdi ction in Lond on. Th e Tribunal decides to join the Respond ent's obje ction to jurisd iction to the merits of the dispute. March .23 , 2000-T he Claimants file their memorial on the mer its . June 19 , 2000-The Resp ondent files its counter-memorial on the rnerits. (25) Philippe Gruslin v:Malaysia (CaseARB/99/3) August 9, 1999-The Tribunal holds its first sessi on with the parties in Washing­ ton, D.C. N ovember 1 7, 19 99-The Respondent files its memorial on the objectio ns to ju­ risd iction. Dec ember 27, 19 99-The Claimant files his counter-memorial on the objec­ tions to jurisdiction. March 9, 2000-The Res pondent files its reply on the objec tions to jurisd iction. March 29 , 2000-The Claimant files his rejoinder on the obj ections to juris­ di ction. 13

tions to jurisdiction. March 9, 2000-The Res pondent files its reply on the objec tions to jurisd iction. March 29 , 2000-The Claimant files his rejoinder on the obj ections to juris­ di ction. 13 (26) Marvin Roy Feldman Karpa v. United Mexi­ can States (Case AR.B(AF)/ 99/1 ) January 18, 2000-The Tribunal is co n­ stituted . Its members are : Kons tantinos

D. Kerameus (G reek), Pres ident ; Jor ge Covarrubi as Bravo (Mexica n) ; and David

A. Gantz (U.S .).

March 10, 2000-The Tribunal hold s its first ses sion with the parties in Wash­ ington, D. C. April 3, 20 00-The Tribun al issues a proc edural arde r co ncerning the place of . arbitration. May 3, 200 0-The Tribunal issues a proced ural arder conce rni ng a request for provisio nal rneasures and the sc hed­ ule of the proceed ing . (27) Empresa Nacional de Electricidad S.A. v. Argentine Republic (Case No. ARB/9914) July 12 , 199 9-The Secretary-G eneral registers a request for the institution of ar­ bitration proceed ings. December 13, 1999-The Tribunal is co nsti tuted . Its mem bers are : Rod rigo Oreamuno (Costa Ri can), Pres ident; Enr ique Elías (Per uvi an); and Hector Gros Esp iell (Urug uyan) . Februar y 1 O, 200 0-The Tribunal holds its first sessi on in Washington , D. C. The parties request a suspe nsion of the proceeding s until May 10, 2000.May 9, 20 00-The pa rties request a

Februar y 1 O, 200 0-The Tribunal holds its first sessi on in Washington , D. C. The parties request a suspe nsion of the proceeding s until May 10, 2000.May 9, 20 00-The pa rties request a new suspension of the proceedings until August 10, 20 00 . (28) Aliment a S. A. v. Repu blic of The Gambia (Case No. ARB/9915) July 12 , 19 99-The Secretar y-Gen eral register s a request for the institu tion of arbitration proceedings . Dec ember 1 7, 19 9 9-The Tribunal is constituted. Its member s are : Charles N. Brower (U. S.), Preside nt ; Sa muel K.B. Asante (Gh anaia n) ; and Kenneth S. Rokison (Britis h). Februar y 24, 2000-The Tribunal holds its first sess ion with the partie s in London . May 1, 2000 -The Claima nt files its memorial on the merits. June 21, 2000-The Tribunal grants an extension of time to the Respo ndent for the fil ing of its counter-me moria l on the merits . (29) Mondev Interna tional Ltd. v. United Sta tes of Amer ica (Case No. ARB( AF)/ 99 /2) September 20, 19 99-The Secretary ­ General registers a request fer the institu­ tion of arbitration proceedings . January 12 , 2000-The Tribunal is con­ stituted. Its members are: Ninian Stephen (Austr ali an) , Presiden t; James Crawford (Australian ); and Step hen M. Sc hwebel (U. S.). April 20, 2000-The Tribunal holds its first session with the parties in Washing­ ton, D. C.

(Austr ali an) , Presiden t; James Crawford (Australian ); and Step hen M. Sc hwebel (U. S.). April 20, 2000-The Tribunal holds its first session with the parties in Washing­ ton, D. C. May 12, 2000-The Respondent files its submis sion on confidentiality; place of arbitra tion and bifurcation. June 2, 200 0-The Claima nt files its submis sion on confidentiality; place of ar­ bitration and bifurcation. (30) Middle East Cemen t Sh ipping and Han­ dling Co. S.A. v. Arab Republic of Egypt (Case No. ARB/99/6 ) November 19, 19 9 9-The Secretary­ General registers a request for the institu­ tion of arbitration proceedings . January 28, 2000-The Tribunal is con­ stitut ed . Its membe rs are : KarlHeinz Bóckstiegel (German), President ; Pier o Bern ardini (Italia n); and Don Wallace, Jr. (U.S .). Febr uary 24, 2000-The Tribunal holds its first session in Washington , D. C. March 25 , 20 00-The Respondent files its memorial on the objections to jurisdic­ tion. 14April 26, 2000-The Claimant files its counter-memorial on the objections to ju ­ risdiction. May 14, 2000-The Respondent files its reply on the objections to jurisdiction. May 30 , 2000 -The Claimant files its rejoind er on the obj ections to ju risdic­ tion. (3 1) Patrick Mitchell v. Democratic Republic of the Congo (Case No. ARB/99/7) Dec ember 10 , 1999-The Secr etary­ General registers a request far the institu­ tion of arbitration proceedings. (32) Astaldi S. p. A. & Columbus Latino ame­

the Congo (Case No. ARB/99/7) Dec ember 10 , 1999-The Secr etary­ General registers a request far the institu­ tion of arbitration proceedings. (32) Astaldi S. p. A. & Columbus Latino ame­ rica 11a de Construcc iones S.A. v. Repú­ blica de Honduras (Case No. ARB/99 18) De cember 8, 1999-The Sec retar y­ General registers a request far the institu­ tion of arbitration proceeding s. Januar y 18 , 2000-The Tribunal is con­ stituted. Its members are: Roberto Andino (Honduran), President ; Ger man Flores (Hond uran): and Carlos Roberto Castillo (Honduran). February 3, 2000-The Tribunal holds its first ses sion with the part ies in Tegu cig alpa. Februa ry 9, 20 00-The Claimants file their memorial . 15 February 28 , 2000-The Respond ent submits a communic ation on the merits and raising objections to jurisdiction. March 13 , 2000-The Cla imants file observ ations on the objections to ju ris­ di ction. April 19 , 2000-The Tribunal joins the objections to jurisdiction to the merits of the dispute. Apri l 27, 20 00-The Claimants file their reply: May 15 , 2000The Tribunal gr ants a grac e peri od for the filing of the rejoin­ der. (33) Zhinvali Dev elo pment Lt d. v. Republic of Georgia (Case No. ARB/00/ 1) Januar y 7, 2000-The Secretary-Gen­ eral reg isters a request for the institution of arbitration proceedings. June 5, 2000-The Tribunal is consti ­ tuted . Its members are: Davis Robinson (U.S.), President ; Andrew Jacovides (Cyp­

Januar y 7, 2000-The Secretary-Gen­ eral reg isters a request for the institution of arbitration proceedings. June 5, 2000-The Tribunal is consti ­ tuted . Its members are: Davis R