CIADI - Annual report 2001

2001 ANNUAL REPORT

[tffi lnternational Centre for fi Settlement of lnvestment Disputes r -2 Table of Contents Pages 3 Letter of Transmittal 4 Introduction by the Secretary-General 6 Membership 6 Disputes befare the Centre .19 Panels of Conciliators and of Arbitrators 20 Publications and Advisory Activities 22 Conferences 23 Thirty-fourthAnnual Meeting of the Administrative Council 23 Financelnternational Centre for Settlement of lnvestment Disputes August 30, 2001 Dear Mr. Chairman, Pursuant to Administrative and Financia! Regulation 5 ( 4), I am pleased to sub mit to the Administrative Council far its approval the Annual Report on the Operation of the International Centre far 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, 2000 to June 30, 200 l. The Report includes the audited financia! statements of the Centre, presented pursuant to Administrative and Financia! Regu­ lation 19. Mr. James D. Wolfensohn Chairman Administrative Council Sincerely yours, c. fiui IMf Ko-Yung Tung Secretary-General International Centre far Settlement of Investment Disputes 34 Introduction by the Secretary-General During the fiscal year, my first as Secretary­ General of ICSID, Bulgaria, Kazakhstan and Uru­ guay ratified the ICSID Convention to become members of ICSID. With those ratifications, the number of ICSID members now stands at 134. The caseload of the Centre continued to grow at its record pace of 12 new arbitration cases registered during the year. Over fiscal year 2001, a total of 44 arbitration cases were pending before ICSID, eight governed by the Additional Facility Rules and the remaining 36

The caseload of the Centre continued to grow at its record pace of 12 new arbitration cases registered during the year. Over fiscal year 2001, a total of 44 arbitration cases were pending before ICSID, eight governed by the Additional Facility Rules and the remaining 36 by _the ICSID Convention. As in previous years, the expanding number of investment laws and treaties that contain provisions setting forth the advance general consents of States to submit covered disputes to ICSID arbitration served as a basis for over two thirds of the cases pending during fiscal year 2001. The largest number of these cases were, as before, brought under bi­ lateral investment treaties. Seven cases, how­ ever, were brought under multilateral treaties concerning investment: six under the Invest­ ment Chapter of the N orth American Free Trade Agreement (NAFTA), and another being the first case initiated under the investment provi­ sions of the 1994 Energy Charter Treaty The number of ICSID awards rendered dur­ ing the year reached a new record number of nine. Two of these were awards declining juris­ diction. Two furt her awards dismissed the claims on their merits, and four awards allowed all or part of the claims. A further award embod­ ied, at their request, the par ties' settlement agreement. Five cases were discontinued dur­ ing the fiscal year at the request of one or both of the parties. Post-award procedures were in­ stituted in a number of cases. Three annulment applications under the ICSID Convention were registered dur ing the fiscal year, and the respective ad hoc committees duly constituted. In addition, an application was for the first time made before a national cour t to set aside an award rendered under the Additional Facility Rules, in a case decided under the NAFTA Investment Chapter. That application is pending following a first instance rul ing partially setting aside the award in question. My activities as Secretary-General ofICSID during the year included acting upon requests

award rendered under the Additional Facility Rules, in a case decided under the NAFTA Investment Chapter. That application is pending following a first instance rul ing partially setting aside the award in question. My activities as Secretary-General ofICSID during the year included acting upon requests addressed to me as the designated appointing authority in non-ICSID cases. In that capacity; I appointed a mediator in a purely ad hot: media­ tion procedure. The Ar bitration Rules of the U.N. Commission on Inter national Trade Law (UNCITRAL) give the appointing authority the responsibility of deciding on challenges of arbi­ trators made by par ties. I decided three such challenges during the year, one in a proceeding brought under the NAFTA Investment Chapter, two in cases brought under bilateral investment treaties. Following ICSID's undertaking to adminis­ ter the Southern Bluefin Tuna Case in the pre­ vious fiscal year, this year saw the conclusion of that case by an award rendered on August 4, 2000, in which the tribunal declinedjurisdiction. In addition, ICSID has agreed to administer an UNCITRAL Arbitration Rules proceeding initi­ ated under the NAFTA Investment Chapter. ICSID's publications have continued to ap­ pear regular ly. With this year's two issues of ICSID Review-Foreign Investment Law journal, a series of scholarly commentarie s on provi-sions of the ICSID Convention has been com­ plete d. A full commentary on the Convention now appears in book farm. The Centre hosted the 17th Colloquium on InternationalArbitration, co-sponsored annually with the American Arbi­ tration Associa tion and the ICC International Cour t of Arbitration. ICSID staff have continued their advisory work on investment and arbitra­ tion law. They have simila rly maintained a steady par ticipation as speakers in interna­ tional conferences and training events. A great loss to ICSID was the passing away

Cour t of Arbitration. ICSID staff have continued their advisory work on investment and arbitra­ tion law. They have simila rly maintained a steady par ticipation as speakers in interna­ tional conferences and training events. A great loss to ICSID was the passing away on May 28, 2001 of Ibrahim F.I. Shihata. Mr. Shihata was Senior Vice Presiden! and General Counsel ofthe World Bank for 15 years, from 1983 to 1998, and Secretar y-General of ICSID far 17 years, from 1983 up to his retire­ ment in July 2000. His achievements included leading the initiative far the creation of the Mul­ tilateral Investment Guarantee Agency; chairing the task force that prepared the World Bank Guidelines on the Treatment of Foreign Direct Investment; and playing a major role in the es­ tablishment of the World Bank Inspection Panel. Mr. Shihata began his career as a member of the Egyptian Conseil d'Etat and also served as a member of the Technical Bureau of the President of the then United Arab Republic. He obtained his S.J.D. from Harvard Law School in 1964, and then taught international law at the law faculty of Ain-Shams University; Cairo. From 1966, Mr. Shihata was for four years Legal Adviser of the Kuwait Fund for Arab Eco­ nomic Development, a post that he took up again in 1972 far another four years. In this ca5 pacity, Mr. Shihata was the principal drafter of the constituent treaties of the Arab Fund far Economic and Social Development, the Inter­ Arab Investment Guarantee Cor poration and the Arab Bank far Economic Development in Africa. Mr. Shihata was also the main drafter of the Agreement Establishing the OPEC Special Fund, which subsequently became the OPEC Fund far International Development. He also helped to create the International Fund for Ag­ ricultura! Development.

the Arab Bank far Economic Development in Africa. Mr. Shihata was also the main drafter of the Agreement Establishing the OPEC Special Fund, which subsequently became the OPEC Fund far International Development. He also helped to create the International Fund for Ag­ ricultura! Development. From 1976 uhtil he joined the World Bank, Mr. Shihata served as the first Director-General of the OPEC Fund. During this time, Mr. Shihata also served on the Board of Executive Directors of the International Fund for Agricultura! Devel­ opment. Mr. Shihata was the Chairman of the Board of the International Development Law In­ stitute, a member of the Institut de Droit Interna­ tional and a member of the Inter national Council for Commercial Arbitration. During his tenure as Secretar y-General of ICSID, Mr. Shihata oversaw a growth of 60 per­ cent in the membership of the Centre to 132 countries and a six-fold increase in· the caseload to a total 75 registered cases. He also greatly strengthened the Centre's research and publications activities, notably by founding the JCSID Review-Foreign Investment Law journal. A prolific writer with three honorary doctorates in law, Mr. Shihata published almost 30 books and more than 200 essays. ICSID is continuing to reap the benefits of his many efforts. Ko-Yung Tung Secretary-General6 Memhershi p In the pas; fiscal year, the Convention was ratified by Bulgari a, Kaz akhstan and Uruguay. At June 30, 20 01 , there were 14 8 s1g nato ry States of the Convention; of these, 134 had als o ratified the Convention. A complete list of Con­ tractin g Sta tes and Ot her Signator ies of the Convention as ofJune 30, 20 01 appears in An­ nex l. Di sput es hefor e the Centre

ratified the Convention. A complete list of Con­ tractin g Sta tes and Ot her Signator ies of the Convention as ofJune 30, 20 01 appears in An­ nex l. Di sput es hefor e the Centre During the year. there were 44 cases befo re tr_e Centre. Develc pments in these cases a:·e summarized bel0vv: (1) American Manufact uring & Trading, !ne. v. Dem ocratlc Rep ublic oÍ the Congo (Case No.AR B/9311 ) -Revision Procee ding July 2 6, 2000 -The Tribunal issues an order taking note of the discontinuance of the proce ed:ng pursua ::1t to Arbitra ticn Rule 44. (2) Misima Mines Pty Ltd. v. lndepend ent Sta/e oÍ Papua New Guinea (Case No. ARB/961 2) August 2 4 , 20 00-The Claim ant re­ quests the postponement of the hear ing on damages. Octobe, 20 , 200 0-The Claima nt in­ forms the Tribu nal of the pa rties' agree­ ment to settle the dispute. April 2. 2 O O 1-The Claimant requests the discontim:.ance of the proceeding. April 25 , 200 1-The Res p onden t in­ forms the Tribunal that it has no objection to the Claimant's request for the discon­ :inuance of tl:e proceeding. May 14 , 200 1-The Tribunal issues an order taking note of the discontinuance of the proceedi:1.g pursuant to Arbit ratio n Rule 44 ,(3) Metalcla d Corporation v. Unite d Mexican States (Case No.ARB( AF)/ 9711) August 30, 2000-The Tribunal renders its award. ( 4) Compañía de Aguas del Aconquija S.A. and

Rule 44 ,(3) Metalcla d Corporation v. Unite d Mexican States (Case No.ARB( AF)/ 9711) August 30, 2000-The Tribunal renders its award. ( 4) Compañía de Aguas del Aconquija S.A. and Vivendi Universal v. Argen tine Repu blic (Case No. ARB/97/3) November 21 , 20 00-The Tribunal ren­ ders its award. Annulmen t Proceeding March 23, 20 01The Se cretary­ General registers an application submit­ ted by the Claim ants far annulment of the award of November 21 , 2000 . May 18 , 20 01The ad hoc Committee is con sti tuted. Its memb ers are : L. Yves Fortier (C anad ian), Pres id ent ; Jame s R. Crawfo rd (Australian) ; and José Carlos Fernández Roza s (Spanish) . June 21 , 2001The ad hoc Committee holds its first sess ion with the parties in Washington, D. C. (5 ) Ceskoslovenska obchodni banka, a.s . v. Slo­ vak Republic (Case No. ARB/9 7/4) July 17, 20 00-The Tribunal holds a hearing in London . November 30, 20 00-The Tribunal issues its decision on the additional objec­ tion to juris diction. 7 Febru ary 16, 20 01 -The Tribunal issues a procedu ral arder concerning the production of docu ments. April 20, 200 1The Resp ondent files its cou nter-memorial on the merits. (6) Lan co Int ernational, !ne. v: Argen tine Re­ public (Case No. ARB/9 7/6) July 24, 2000 -The Res po ndent files

its cou nter-memorial on the merits. (6) Lan co Int ernational, !ne. v: Argen tine Re­ public (Case No. ARB/9 7/6) July 24, 2000 -The Res po ndent files obs erva tion s on the Claimant's request far discon tinua nce , stating that it has no obfi jection to such request. August 4, 20 00-The Claimant files, at the invitation of the Trib unal, its resp onse to the Respo ndent's ob servations on the request for discontinuance. Septembe r 7, 20 0 0-The Respon dent files further obse rv.ations on the disco n­ tinuance of the proceed ing. October 17, 20 00-The Tribunal issues an order taking note of the discontinuance of the proce edings pursuant to Arbitration Rule 44. (7) Emilio Agu stín Maffezini v. Kingdom of Spain (Case No. ARB/9 717) July 11 -1 2, 20 00-The Tribunal holds a heari ng on the merits in London. November 14 , 2000-The Tribunal ren­ ders íts award.8 (8) Joseph C. Lemi re v. Ukraine (Cas e No. ARB(AF) /98/ 1) Septemb er 18 , 20 0 0-The Trib unal renders its award embodying the parties ' settlement agreement. (9) Houston Industries Energy, !ne. and Others

1. Argentine Republic (Case No. ARB/9811 ) Septem ber 5, 2000 -The Trib unal issues an order concerning the marshalling of evidence.

Novemb er 6, 200 0-The Tribunal issu es an order taking note of the parties ' arguments on a petition by the Claimants to amend their request for arbitration .

issues an order concerning the marshalling of evidence. Novemb er 6, 200 0-The Tribunal issu es an order taking note of the parties ' arguments on a petition by the Claimants to amend their request for arbitration . January 23, 200 1 -The Tribunal iss ues an order fixing a time-limit for the parties to file a memori al regarding the issu e of cost allocation. March 20, 2001 -The Claimants file their memorial on the issue of cost allocation. May 15, 200 1-The Respondent files its memorial on the issue of cost allocation. June 5, 200 1The Tribunal declares the proceeding closed and invites the par­ ties to submit any additional statement on the costs incurred by them in connec tion with the proceeding. June 12 , 200 1 -The parties make sub­ mission s con cerning their respe ctive statements of co sts. (10 ) Victor Pey Casado and Presiden t Allende Foundation v. Repu blic oí Chile (Case No. ARB/98/2) April 11, 200 1-The Tribunal is recon­ stituted following the resignation of Judge Francis co Rezek. Its members are: Pierre Lalive (Swiss) , Presi dent ; Mo hammed Bedj aoui (Alg erian) ; and Galo Leor o Franco (Ecuadoria n). April 23, 20 01The Claimants file a re­ ques t far provisional measures pursuant to Article 39 of the Arbitration Rules. May 11, 2001 -The Tribunal issues a proce dural order regarding the Claim­ ants ' request for provision al measures and a request for provisio nal measur es filed previousl y by the Respondent. May 17 , 2001The Claimants file their observations on the Respondent 's request for provisio nal measures.

ants ' request for provision al measures and a request for provisio nal measur es filed previousl y by the Respondent. May 17 , 2001The Claimants file their observations on the Respondent 's request for provisio nal measures. May 21, 20 0 1-The Respondent files its observations on the Claimants' request far provisional measures. ]une 13 , 2001The Tri bunal issues a proce dural order concerning the sched­ ule of a hearing on provisional measures. ]une 21, 20 01The Tribunal holds a hearing on provisional measures with the part ies in Geneva.June 22 , 20 01The Trib unal issue s a procedural arder regarding IC SID Arb i­ tration Rule 12 . (1 1) lnternational Trust Company oí Liberi a v. Republic oí Liberia (Case No. ARB/98/ 3) There have been no new developments to repor t in this case. (12 ) Wena Hotels Limited v. Arab Repu blic oí · Egypt (Case No. ARB/98/4) November 1, 2000-The Tribunal de­ clares the proceeding closed. Dec ember 8, 2000-The Tribunal ren­ ders its award. Annulment Proceeding Januar y 24 , 200 1-The Secretar y­ General registers an application submitted by the Arab Republic of Eg ypt for annulment ofthe award ofDecember 8, 2000, and notifies the parties ofthe provisional stay of the enforcement of the award, March 6, 20 01-The ad hoc Committee is const ituted. Its members are : Konstantinos D. Kerameus (Greek) , Presi­ dent; Andreas Bucher (S wiss) ; and Fran­ cisco Orrego Vicuña (Chilean). April 5, 2001 -The ad hoc Committee

is const ituted. Its members are : Konstantinos D. Kerameus (Greek) , Presi­ dent; Andreas Bucher (S wiss) ; and Fran­ cisco Orrego Vicuña (Chilean). April 5, 2001 -The ad hoc Committee issues a procedural arder concerning the continuation of the stay of enforcement of the award. 9 May 7, 200 1 -The ad hoc Commit tee holds its first session with the parti es in Paris. June 29, 2001 -The Arab Repub lic of Egypt files its memor ial on its application for annulment. (13) Eu doro A. Olguín v. Republic oí Paraguay (Case No. ARB/98 /S) August 8, 2000 -The Tribunal issues its decision on jurisdiction. Oc tober 5, 2000-The Respondent files its counter-memori al on the merits. November 9, 20 00-The Claimant files its reply on the merits. Dec ember 18 , 2000-The Respondent files its rejoinder on the merits, March 11 -1 2, 2001The Tribunal holds a hearing on the merits in Washing­ ton, D, C. May 8, 20 01The Tribun al declares the proceeding closed. ( 14 ) Compa gnie Miniere lnternationale Or S.A.

1. Republic oí Peru (Case No. ARB/98/6) Dec emb er 18, 20 00-The par ties in­ form the Centre that they agree to termí­ nate the proce eding and file a jo int request asking the Secretar y-Ge neral to take note of the discont inuance of the pro­ ceeding under Arbitration Rule 43( 1).10

February 23 , 200 1The Sec retary­ General issues an arder taking note of the

request asking the Secretar y-Ge neral to take note of the discont inuance of the pro­ ceeding under Arbitration Rule 43( 1).10 February 23 , 200 1The Sec retary­ General issues an arder taking note of the disco ntinuance of the proceeding pursu­ ant to Arbitration Rule 43 ( 1) . (15 ) Ba nro Am erican Reso urees , !ne . and Soeiété Aurifere du Kivu et du Maniem a S.A.R.L. v. Democ ratie Repu blie of the Congo (Case No. ARB/9 8/7) September 1, 200 0-The Tribunal ren­ ders its award. ( 16 ) The Loew en Group, !ne . and Raym ond L. Loewen v. Unite d Sta tes of Ameriea (Case No. ARB(AF)/ 98/3) July 27, 20 00-The Claimants file their rejoinder on the objections to jurisdictio n. September 20 -22, 2000 -The Tribunal meets with the par ties in Washington, D. C. January 9, 200 1The Tribunal issu es its decision on the Respond ent's objec ­ tions to jurisdiction. March 30, 200 1The Resp ondent files its counter-memorial on the merits. June 8, 20 01-The Claimants file their reply on the merits. (17 ) Tanzania Electrie Supply Company Limite d

1. Indepen den t Power Tanzania Limited

(Case No. ARB/98/8) July 20 -2 6, 2000 -The Tribunal mee ts with the parties in London. September 12 , 2000 -The parties file their post -hearing briefs. February 9, 200 1-The Tribunal issues its decision on tariff and other remaining issues.

July 20 -2 6, 2000 -The Tribunal mee ts with the parties in London. September 12 , 2000 -The parties file their post -hearing briefs. February 9, 200 1-The Tribunal issues its decision on tariff and other remaining issues. March 26, 20 01-The Claimant files its memorial regarding remaining tariff issues . April 2, 200 1The Respond ent files its co unte r-mem orial regard ing rem aining tariff issu es , April 1 7, 200 1The Cla imant files its reply regarding remaining tariff iss ues. April 20, 200 1-The Respondent files its rejoinder regarding remaining tariff issues. April 29, 200 1The Tribunal hold s a heari ng in Washingt on, D. C. May 24 , 200 1The Tribunal issu es its decision on all further remaining iss ues , ( 18 ) Alex Genin and Othe rs v. Republie of Esto­ nia (Case No. ARB/99 /2) July 18 , 2000 -The Claimants file their reply: August 18 , 200 0-The Respondent files its rejoinder. October 2-6, 200 0-The Tribunal holds a hearing on the merits in Washington, DC. November 17 , 200 0-At the request of the Tribunal , the Claimants submit addi­ tional information .Dec emb er 19 , 20 00 -The parties ex­ change and submit their respective pos t­ hearing memo rials. De cember 29, 2000-The Respond ent files additional documentation concerning co sts . January 5, 2001 -The Claimants file addi­ tional documentation concerning costs . May 18, 2001-The Tribu nal declar es the procee ding closed. June 25, 2001The Tribunal renders its award.

co sts . January 5, 2001 -The Claimants file addi­ tional documentation concerning costs . May 18, 2001-The Tribu nal declar es the procee ding closed. June 25, 2001The Tribunal renders its award. (19 ) Philippe Gruslin v.M alaysia (Case No.A RE! 99/3) August 22-2 3, 200 0The Tribunal holds a hearing on the objections to juris­ diction in Paris. November 28, 2000-The Tribunal ren­ ders its award. Annulment Proceeding Dec ember 19, 200 0-The Secretary­ General registers an applic ation submit­ ted by the Claimant for annulment of the award of November 28, 200 0. January 26, 200 1 -The ad hoc Commit­ tee is cons titu ted . Its mem bers are: Tho­ mas Buer genthal (U.S.) , Pres ident; Kamal Hossa in (Ba ngla deshi ) ; and Gabriell e Kaufmann-Kohler (Swis s). 11 April 25, 2001The ad hoc Committee informs the par ties that it has dec ided to stay the annulment proceeding for lack of payment in accordance with Administra­ tive and Financial Regulation 14( 3) (d). (20 ) Marvin Roy Feldman Karpa v. United Mexi­ can States (Case No. ARB(AF)/ 99/1 ) July 17 and August 3, 20 00-The Tribu­ nal issu es proced ural orders concerning preliminary issu es. August 21 , 2 000-The Claimant files his memo ria l on prelimi nary ju risd ictional issues. Se ptember 8, 20 00-The Respon dent files its counter-memo rial on prelimin ary juri sdictional issues .

August 21 , 2 000-The Claimant files his memo ria l on prelimi nary ju risd ictional issues. Se ptember 8, 20 00-The Respon dent files its counter-memo rial on prelimin ary juri sdictional issues . September 22, 200 0-The parties file their additional observ ations on prelimi­ nary jurisdictional issues . Oc tober 6, 20 00-Canada and the United States of America file submission s under NAFTAArticle 11 28. Octob er 30 , 20 00-The Res pondent files additional observ ations. December 6, 2000-The Tribunal issues its Interim De cision on Preliminary Ques­ tions of Jurisdiction and a procedural order on the schedule ofthe proceeding and oth8r procedural issues raised by the parties.12 Decem ber 29, 200 0-The parties file their respective submis sions on the pro­ duction of documents. February 5, 200 1-The Tribunal iss ues dir ection s regarding the produc ti on of documents. March 30 , 200 1-The Claimant files his memorial on the merits. May 24 , 200 1-The Respondent files its counter-memorial on the merits. June 11 , 2001-The Claimant files his reply June 19, 200 1The Tribunal iss ues a procedu ral order concerning the marshal­ ling of evidence at-t he hearing. June 25, 20 0 1The Respondent files its rejoinder. (2 1) Empresa Nacion al de Elec tricida d S. A. v Argentine Republic (Case No. AR.B/9 9/4) August 11 , 20 00-Follow ing sus pen­ sion by agreement of the parties, the pro­ ceeding is resumed.

(2 1) Empresa Nacion al de Elec tricida d S. A. v Argentine Republic (Case No. AR.B/9 9/4) August 11 , 20 00-Follow ing sus pen­ sion by agreement of the parties, the pro­ ceeding is resumed. Oc to ber 13 , 20 00The Respo ndent files its memori al on jurisdiction. December 14, 2000-The Claimant re­ quests the discontinuance of the proceedings under Arbitration Rule 44 and on the same date the Respondent informs the Tribunal that it has no objection to the Claimant's request for the discontinuance of the proceedings. February 7, 2001 -The Tribunal iss ues an order taking note of the discontinuance of the pro ceedings pursuant to Arbitration Rule 44 . (22) Alime nt a S. A. v. Repu blic oí The Gambla (Case No. AR.B/99/ 5 ) Septemb er 13, 20 00 -The Trib unal grants a second extension of the time pe­ riod within which the Respon dent may file its counter-me morial on the merits. Octobe r 12 , 2000 _:.__ The Respond ent files its co unte r-memorial on the merits . Octobe r 3031, 200 0-The Trib unal holds a hearing on the merits in London. March 20 , 200 1-The par ties info rm the Centre that they have reached a settle­ ment agreement and request the Tribunal to issue an order taking note of the discon­ tinuance of the proceeding. May 3, 200 1The Trib unal iss ues an order taking note of the disco ntinuance of the proceeding in accordance with Arbi­ tration Rule 43( 1). (23 ) Mondev Internat ional Ltd. v United States oí

May 3, 200 1The Trib unal iss ues an order taking note of the disco ntinuance of the proceeding in accordance with Arbi­ tration Rule 43( 1). (23 ) Mondev Internat ional Ltd. v United States oí America (Case No. ARB(AF)/ 99/ 2) Sept ember 25 , 2000 -The Tribunal is sues its decisio n regard ing plac e of arbitration, bifurca tion of pro ceedings, prod uction of do cuments, sche dule of pleadings and proced ure for the submis­ sion of evidence.October 24, 2000 -The Tribunal issues an arder establishing the schedule for fu­ ture pleadings. November 13 , 20 00-The Tribu nal issues an arder regarding the publication of documents . December 13 , 200 0-The Respondent informs the Tribunal that it has received a request , purs uant to the United Sta tes · Freedom of Informa tion Act, far the re­ lease of certain documents submitted dur­ ing the course of this proceeding. Decembe r 28, 200 0-The Claimant files its objection s to the release of docu ­ ments by the Respondent . January 8, 200 1-The Respondent files its observ ations on the Claim ant's objec­ tions of December 2 8, 2000 . January 9, 200 1The Claimant re­ sp onds to the Respondent's obse rvations of January 8, 200 1. January 25, 200 1The Tribunal issues an order regardin g the Res pond ent 's com pliance with the United States Free­ dom of Information Act request . January 31, 20 01-The parties submit a joi nt request far clarif ica tion of the Tribunal 's arder of January 25, 20 01.

com pliance with the United States Free­ dom of Information Act request . January 31, 20 01-The parties submit a joi nt request far clarif ica tion of the Tribunal 's arder of January 25, 20 01. February 1, 20 01-The Claimant sub­ mits its Memorial on Liability and Compe­ tence. 13 Februar y 27, 20 01The Tribunal is­ sues an arder regarding the parties ' joint request fa r clarif ication of January 31, 20 01. June 1, 2001 -The Respo ndent sub ­ mits its Cou nter-M emorial on Compe­ tence and Liability (24) Middle East Cem en t Shipping and Han ­ dling Ca. S.A. v. Arab Republic oí Egyp t (Case No. ARB/9 9/6) July 12 , 200 0-The Tribu nal hold s a hearing on the objections to jurisdicti on in Paris. November 27, 200 0-The Tribunal issues its decís ion on jurisdict ion. January 15 , 200 1 -The Claimant files its memorial on the merits. February 28, 20 01-T he Respondent files its counter-memorial on the merits. March 29 , 20 01-The Claimant files its reply memor ial on the merits . April 12, 200 1The Tribunal grants an extension of the time period within which the Respondent may file its rejoinder me­ morial on the merits. May 8, 200 1-The Respo ndent files its rejoinder memorial on the merits.14 (25) Pa trick Mitchell v: Democ ratic Republic oí the Congo (Case No. ARB/9917 ) November 21, 2000-The Tribunal is const ituted. Its members are : Andreas Bucher (Swiss) , President;Yawovi Agboyibo

(25) Pa trick Mitchell v: Democ ratic Republic oí the Congo (Case No. ARB/9917 ) November 21, 2000-The Tribunal is const ituted. Its members are : Andreas Bucher (Swiss) , President;Yawovi Agboyibo (Togolese) ; and Willard Z. Estey (Canadian) . January 15, 2001-The Tribunal holds its first ses sion with the parties in Wash­ ington, D.C. • March 29, 200 1-The Claimant files his. memorial on the merits. (26 ) Astaldi S.p.A. & Columbus Latinoame ricana de Const ru cciones S. A. v: Repúblic a de Honduras (Case No. ARB/9 9/8) September 5, 2000The Tribunal de­ clares the proceeding closed . Octobe r 19, 200 0-The Tribunal ren­ ders its award. (27) Zhinvali De velopm en t Lt d. v. Repu blic oí Georgia (Case No. ARB/0011) July 27, 200 0-The Claimant informs the Centre that it co nsents to a suspens ion of the procee ding until September 25, 2000. November 6, 2000-The Claimant in­ forms the Centre that the parties have not agreed to any furt her susp ension of the proceeding. Decem ber 19 , 2000-The Tribunal holds its first session with the part ies in Washington, D. C. Decem ber 22, 2000-The proc eeding is susp ended pending a decision of the Tribunal on a challenge by the Respon­ dent of an arbitrat or. January 19 , 2001A decision is issued by the other members of the Tribunal re­ j ecting the challenge of an arbitrator. February 21, 200 1-The Claimant files

Tribunal on a challenge by the Respon­ dent of an arbitrat or. January 19 , 2001A decision is issued by the other members of the Tribunal re­ j ecting the challenge of an arbitrator. February 21, 200 1-The Claimant files an additional claim. June 6, 200 1The Claimant files its memor ial on the merits. (28) Mihaly lntern ational Corporation v: Dem o­ cratic Socialist Repu blic oí Sri Lanka (Case No. ARB/0012) July 19, 2000 -The Tribunal hol ds its first session with the parties in Londo n. August 1, 2000-The Respo ndent files a list of its objection s to juris diction. No vember 16 , 2000-The Claimant files its memor ial on jurisdiction. Februar y 16, 2001 -The Respo ndent files its counter-memorial on jurisdi ction. February 28, 200 1-The Claimant files its reply on jurisdict ion.March 28, 200 1The Respondent files its rejoinder on ju risdicti on. April 30 and May 1, 200 1The Tribu­ nal hold s a hear ing on ju risd iction in Washingto n, D. C. (29) GRAD Associates, PA. v. Bolivarian Republic o/ Venezuela (Case No. ARB/00/3 ) August 18 , 20 00-The Tribuna