CIADI - Annual report 2002

2002 .ANNU.AL REPORT ílffil lnternational Centre for fi Settlement of lnvestment Disputes 1 e s 1 ,.2 Table of Contents Pages 3 Letter of Transmittal 4 Introduction by the Secretary-General 6 Membership 6 Disputes befare the Centre 18 Panels of Conciliators and of Arbitrators 19 Publication Activities 21 Conferences 22 Thirty-fifth Annual Meeting of the Administrative Council 23 Financelnternational Centre for Settlement of lnvestment Disputes September 6, 2002 Dear Mr. Chairman, Pursuant to Administra ti ve and Financial Regulation 5 ( 4), I am pleased to submit to the Administrative Council for its approval the Annual Report on the Operation of the International Centre for Settlement ofinvestment Disputes required by Article 6(l)(g) of the Convention on the Settlement of Investment Disputes be­ tween States and Nationals of Other States. This Annual Report covers the fiscal year July 1, 2001 to June 30, 2002. The Report 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, fiu•(Í,,."-f Ko-Yung Tung Secretary-General International Centre for Settlement of Investment Disputes 34 Introduction by the Secretary-General During the year under review, Malta and the St. Vincent and the Grenadines took their initial step towards ICSID membership by sign­ ing the ICSID Convention. With these two sig­ natures, the number of the States signatories to the ICSID Convention now stands at 150. Of these, 134 States have also ratified the Conven­ tion to become ICSID Contracting States. Fiscal year 2002 saw unparalleled use of the dispute settlement facilities offered by the Centre. The total number of the ICSID cases

the ICSID Convention now stands at 150. Of these, 134 States have also ratified the Conven­ tion to become ICSID Contracting States. Fiscal year 2002 saw unparalleled use of the dispute settlement facilities offered by the Centre. The total number of the ICSID cases surpassed 100. Forty-nine ofthese cases, more than at any other time in the history of ICSID, were pending or were concluded during the year. A record number of 17 ICSID proceed­ ings were registered. Sixteen ofthem were new ICSID arbitration proceedings; one was a pro­ ceeding initiated for the supplementing and rectification of an award. Except for one new Additional Facility Rules proceeding brought under the Investment Chapter of the N or th American Free Trade Agreement (NAFTA), al1 of the new cases registered during the fiscal year were ICSID Convention arbitration pro­ ceedings. The already wi despread use of ICSID clauses in investment treaties continued to ex­ pand. For the consent to ICSID arbitration of the State parties involved, in thirteen out of the sixteen new arbitration proceedings, investors relied on general consents, or "offers," to such arbitration expressed in bilateral investment treaties ofthose States. In one ofthe cases, such consent was supplied by a multilateral invest­ ment treaty In the remaining two cases, the in­ vestors concerned invoked a provision of a na­ tional investment law and an ICSID arbitration clause of an investment contract. Most ofthe in­ vestment promotion and protection treaties in existence today provide for ICSID arbitration as the only; or an alter native, forum far the settlement of investment disputes under the treaty: This would seem to imply that even greater use of these instruments might be made in bringing ICSID cases in future years. Twelve proceedings were concluded in the course ofthe year. Two ofthese involved appli­ cations, registered in the previous fiscal year,

treaty: This would seem to imply that even greater use of these instruments might be made in bringing ICSID cases in future years. Twelve proceedings were concluded in the course ofthe year. Two ofthese involved appli­ cations, registered in the previous fiscal year, by parties seeking annulment under Article 52 of the IC SID Convention of the respective awards. One ofthe annulment proceedings was unsuccessful far the requesting party; and the other was discontinued by the ad hoc Commit­ tee for lack of payment of the required ad­ vances. A third concluded proceeding involved a post-award request for supplementary deci­ sions and rectification of an award. Nine regu­ lar arbitration proceeding s were also con­ cluded in the period. At the request of one or both ofthe parties involved, three ofthese nine proceedings were discontinued bef are the rendering of awards. One arbitration proceed­ ing was also discontinued for lack of payment of advances. Awards were rendered in five pro­ ceedings. One of these awards declined juris­ diction, two awards dismissed the claims on their merits, and two further awards allowed ali or part of the claims. During the fiscal year, ICSID also administered, at the request of the par ties invol ved , two NAFTA Invest ment Chapter cases being conducted under the UNCITRAL Arbitration Rules. Apart from its increased caseload, ICSID further strengthened its publishing activities.During the fiscal year, the ICSID staff edited two issues of JCSID ReviewForeign lnvestment Law ]ournal. The Centre's collections of lnvest­ ment Laws ofthe World and Investment Treaties we re expanded by the addition of three new releases. ICSID staff continued to participa te as pane lists or speakers in international confer­ ences and training events. During the year, the Ce ntre also co-sponsored, together with the American Arbitration Association and the ICC Inter national Court of Arbitration, the eigh ­ teenth of their serie s of annual colloquia on in­

pane lists or speakers in international confer­ ences and training events. During the year, the Ce ntre also co-sponsored, together with the American Arbitration Association and the ICC Inter national Court of Arbitration, the eigh ­ teenth of their serie s of annual colloquia on in­ ternational arbitration, which was held in París in November 2001. 5 In summary; 2002 was another successful year for ICSID. Developments during the year demonstrated in many ways that the interest in ICSID's services is increasing, and that there are bound to be challenges ahead. With its ex­ perience and its capacity to effectively re­ spond to the changing needs, ICSID will con­ tinue to play a leading role in the field of inter­ national investment dispute settlement. Ko-Yung Tung Secretary-General6 Memhership In the past fiscal year, Malta and St. Vincent and the Grenadines signed the Convention. At June 30, 2002, there were 150 signatory States of the Convention; of these, 134 had also rati­ fied the Convention. A complete list of Con­ tracting States and Other Signatories of the Convention as of June 30, 2002 appears in An­ nex l. Disputes before the Centre During the year, there were 49 cases be­ fore the Centre. Develop ments in these cases are summarized below: ( 1) Compañía de Aguas del Aconquija S.A. and Vivendi Universal v. Argentine Repub­ lic (Case No. ARB/97/3)-Annulment Pro­ ceeding August 20, 2001-The Applicants file their memorial on annulment. October 5, 2001-The ad hoc Commit­ tee is:Sues a decision rejecting a proposal for the disqualification of one of its mem­ bers. November 12, 2001-The Respondent files its counter-memorial on annulment.

their memorial on annulment. October 5, 2001-The ad hoc Commit­ tee is:Sues a decision rejecting a proposal for the disqualification of one of its mem­ bers. November 12, 2001-The Respondent files its counter-memorial on annulment. December 10, 2001-The Applicants file their rep ly on annulment. January 8, 2002-The Respondent files its rejoinder on annulment. Januar y 31 and February 1, 2002The ad hoc Committee holds a hearing in Washington, D. C. (2) Ceskoslovenska obchodni banka, a.s. v. SlovakRepublic (Case No. ARB/97/4) August 31, 2001-The Cl aimant files its reply on the merits. October 6, 2001-The proceeding is suspended following the resignation of Thomas Buergenthal.7 December 11, 200 1-The Tribunal is October 19 , 200 1-The partías are inreconstituted following the resignation of formed that the Tribunal has decided to Thomas Buergenthal. Its memb ers are: stay the proceeding for lack of payment Hans van Hou tte (B elg ian) , President ; of advances for costs. Piero Ber nardini (Italian ): and Andreas Bucher (Sw iss) , June 2 7, 2002 -The Centre notifies the parties that , pursuant to Admin istrativa Februar y 27 , 2002-The Respondent and Finan ci a! Regulation 14 (3) (d) , the files its rejoinder . Secretary-General will move that the Tribunal discontinua the proceeding. (3) Houston Industries Energy, !ne. and oth ers

1. Argentine Republic (Case No. ARB/98/ 1) (6) .Wena Hotels Limited v. Arab Republic of

Egypt (Case No. ARB/98/4)-Annulmen t

bunal discontinua the proceeding. (3) Houston Industries Energy, !ne. and oth ers

1. Argentine Republic (Case No. ARB/98/ 1) (6) .Wena Hotels Limited v. Arab Republic of Egypt (Case No. ARB/98/4)-Annulmen t • August 24, 200 1Th e Tribunal renfi Proceeding ders its award; attached to the award is an individual opinion by one of the arbitraAugust 28, 200 1 -The Respondent tors. files its counter-memorial on annulment. (4) Víctor Pey Casa do and Presiden t Allende September 10, 200 1 -Th_e Applicant Foundation v. Republic oí Chile (Case No, files its reply on annulment.

ARB/98/2) September 26, 200 1-The ResponSeptember 26, 200 1-The Tribunal isdent files its rejoinder on annulment. sues íts decísíon on provísíonal measures, Oct ober 22-2 3, 200 1The ad hoc October 29-30 , 200 1The Tribun al Committee holds a hearing with the parholds a hearing on jurisdíctíon ín Washties in París. ington , D. C, February 5, 2002The ad hoc ComNovember 8, 200 1The par ties file mittee renders its decísion. The decision their summar ies of oral arguments. rejects the application for annulment. May 10, 2002-The Tribunal íssues a (7) Eudoro A. Olgufn v. Republic oí Paraguay decísion joining the objections to juris- (Case No. ARB/98 /S) diction to the merits. July 2 6, 200 1-The Tribunal renders its (5) lnternational Trust Company oí Liberia v. award. Republic oí Liberia (Case No. ARB/98/3)8

diction to the merits. July 2 6, 200 1-The Tribunal renders its (5) lnternational Trust Company oí Liberia v. award. Republic oí Liberia (Case No. ARB/98/3)8 (8) The Loewen Group, !ne. and Raymon d L. Loewen v. United States oí America (Case No. ARB(AF)/ 9813) Au gust 27, 200 1 -Th e Responden t files its rejoinder on the merits. September 10, 200 1 -The proceeding is suspended following the resignation of

L. Yves Fort ier.

September 20, 2001 -The Tribunal is reconstituted following the resignation of

L. Yves Fortier. Its members are: Anthony Ma son (Australi an) , Preside nt; Abne r J.

Mikv a (U. S.); andM ichaelMustill (British) . October 15 -19, 200 1The Tribu nal holds a hearing on the merits in Washing­ ton, D. C. Ja nuary 25 , 20 02-The Respondent files an additional objection to jurisdic­ tion . March 1, 2002-The Respondent files its memorial on the additional objection to jur isdiction. March 31, 20 02-The Loewen Group, Inc. files its counter-memorial on the ad­ ditional objection to ju risdiction. April 26, 2002-'- The Respondent fil es its reply on the additional objection to ju­ risdiction. May 24, 2002-The Lo ewen Gro up, Inc. files its rejoinder on the additional objection to jurisdiction. June 6, 2002-T he Tribunal holds a hearing on the additional objection to ju­ risdiction in Washington, D. C. (9) Tanzania Electric Supply Compan y Lim­ ited v. Independen t Power Tanzania Lim­

objection to jurisdiction. June 6, 2002-T he Tribunal holds a hearing on the additional objection to ju­ risdiction in Washington, D. C. (9) Tanzania Electric Supply Compan y Lim­ ited v. Independen t Power Tanzania Lim­ ited (Case No. ARB/98 /8) July 12, 2001-The Tribunal renders its award . ( 1 O) Alex Gemn and others v. Republic of Esto­ nia (Case No. ARB/99 /2)-Supplemen tary De cision and Rectification Proceed1ng August 1, 200 1-The Secretary-Ge n­ eral registers an application submitted by the Claimants for supplementary deci­ sions and rectification of the award. October 12, 2001 -Th e Respon dent files a response to the request for supple­ mentary decisions and rectification, at the direction of the Tribunal. N ovember 9, 200 1-The Claimants file their memorial on supplementary deci­ sions and rectüication. December 14 , 200 1-The Respondent files its counter-memorial on supplemen­ tary decisions and rectification.9 April 4, 2002-The Tribunal renders its July 9, 200 1 -Canada files a submisde cisi on on the Claimants ' requ est for sion under Article 1 12 8 of th e NAFTA. supplementary decisions and rectification. August 1, 2001The Claimant submits ( 11 ) Philippe Gruslin v. Malaysia (Case No. its reply on competenc e and liab ility ARB/99/ 3)-Annulment Proceeding Octob er 1, 20 0 1-Th e Re spond ent March 5, 2002-The Se cretary-General submits its rejoind er on compet enc e and moves that the ad hoc Committee disconliability tinue the proceeding far lack of payment of

Octob er 1, 20 0 1-Th e Re spond ent March 5, 2002-The Se cretary-General submits its rejoind er on compet enc e and moves that the ad hoc Committee disconliability tinue the proceeding far lack of payment of advances pursuant to Administrative and FiMay 20-2 4, 2002 -The Tribunal holds nancial Regulation 14( 3) (d) . a he aring on compe t enc e and liabi lity with the parties in Washington, D. C. April 2, 20 02-The ad hoc Committee issue s an order far the disc ontinuanc e of (14 ) Middle East Cem ent Shipping and Hanthe proc eeding far lack of payment of addling Co. S.A. v. Arab Republic oí Egypt vane es pursu ant to Administr ative and Fi- (Case No. ARB/99/6 ) nancial Regulation 14 (3) ( d) . July 17 -18, 200 1The Tribunal holds (12 ) Marvin Roy Feldman Karpa v. United Mexia hearing on th e merits with th e parti es can States (Case No. ARB(AF)/ 99/1 ) in Paris. July 913, 200 1The Tribunal holds a October 12, 200 1 -The Respondent hearing on the merits in Washington D. C. and the Claimant file th eir post-h earing bri efs. De cember 1 7, 20 01The Respondent submits additional docum entation. February 14 , 2002 -The Tribunal inforros the partie s that it has de clared the April 12, 200 2-Th e Claimant submits procee ding clos ed . additional documentation. April 12, 20 02The Tribunal renders April 1 7, 200 2-The Tribunal see ks its award. addit ional obs ervations from the parties.

April 12, 200 2-Th e Claimant submits procee ding clos ed . additional documentation. April 12, 20 02The Tribunal renders April 1 7, 200 2-The Tribunal see ks its award. addit ional obs ervations from the parties. ( 1 5) Patrick Mitchell v. Democrati c Re public of May 8, 2002-Th e parties submit their the Congo (Case No. ARB/9 917) additional obs ervations . September 17 , 2001 -The Respondent (13 ) Mondev lnternational Ltd. v. United States files its counter-memorial on the merits and oí America (Case No. ARB(AF)/ 99/2) raises an objection to jurisdiction.10 Oc tober 24 , 2001 -The Tribunal sus­ pends the próceeding on the merits pur­ suant to Article 41 of the ICSID Conven­ tion, and fixes a deadline for the Claimant to file his counter-memorial on jurisdic­ tion. January 29 , 20 02-The Se cretary of th e Tribunal infor ms the parties of the passing away of Mr. Willard Z. Estey The proceeding is suspended and the Claim­ ant is invit ed to appoint a new arbitrator. . . February 7, 2002-The Claimant files . h is count_er-memorial on jurisdiction. February 8, 2002-The Claimant ap­ points Marc Lalo nde as the new arbitra­ tor. February 13 , 2002-The Secretary of the Tribunal informs the parti es that Marc Lalonde has accepted his appointment. The Tribunal is reconstituted and the pro­ ceeding is resumed. Ma rch 4, 20 02-The Tribun al fixes time limits for the filing of the reply and the rejoinder on jur isd iction. April 19, 200 2-The' Respondent fil.es

The Tribunal is reconstituted and the pro­ ceeding is resumed. Ma rch 4, 20 02-The Tribun al fixes time limits for the filing of the reply and the rejoinder on jur isd iction. April 19, 200 2-The' Respondent fil.es its reply on jurisdicti on. May 29 , 2002-The Claimant files his rejoinder on jur isdiction. (16 ) Zhinvali Developmen t Ltd. v. Republic of Georgia (Case No. AR.B/00/ 1) August 6, 200 1The Re spondent sub­ mits its counter-memorial . August 31 , 2001 -The Claimant files its reply. De cember 17, 200 1-T he Cl aimant files a request for provisional measures. February 11 -15 , 2002-The Tribunal holds a hearing on the merits in Washing­ ton, D. C. March 26, 2002-The partie s file their post-hear ing reply submissions. ( 17 ) Mihaly lnt ernational Corporation v. Demo­ cratic Socialist Repub lic of Sri Lanka (Case No. AR.B/00/8) March 15, 2002-The Tribunal renders its award. (18 ) GRADAssociates, P.A. v. Bolivarian Repu b­ lic of Venezu ela (Case No. ARB/00/3) January 17 , 2002-The Centre notifie s the part ies that, pursuant to Adm inistra­ tive and Financia! Regulat ion 14 (3) ( d), the Secretary-General will move that the Tri­ bunal discontinue the proceeding, February 5, 2002-The Tribunal issues an arder for the di scontinuan ce of the proceeding for lack of payment of ad­ vanees pursuan t to Administrative and Fi­ nancia! Regul ation 14 (3) (d) .11

February 5, 2002-The Tribunal issues an arder for the di scontinuan ce of the proceeding for lack of payment of ad­ vanees pursuan t to Administrative and Fi­ nancia! Regul ation 14 (3) (d) .11 ( 1 9) Salini Cost ru ttori Sp.A. and ltalst rade July 23, 200 1-The Tribunal issues its S.p.A. v: Kingdom oí Morocco (Case No. decisi on on juris diction . ARB/00/4) Oc tober 18 , 200 1-The Tribunal holds July 23 , 200 1-The Tribunal issues its a sessi on in Paris for the organization of decisi on on jur isdicti on . the procee ding on the merits . October 18, 2001 -The Tribunal hold s Februar y 22, 2002-The Claimant files a sessi on in Paris for the organization of its memorial on the merits . the proceed ing on the merits. June 18 , 2002-The Res ponden t files January 31, 200 2-The Claimants file its counter-memo rial on the merits . thei r memorial on the me rits . (22) World Duty Free Company Limited v. ReMay 6, 2002-The Respondent files its public oí Kenya (Case No. ARB/0017) counter-memori al on the meri ts. October 31 , 200 1-The Respond ent (20 ) Au topista Concesion ad a de Venezuela, files its preliminary obj ectio ns .

C.A. v: Bolivarian Republic oí Venezue la

(Case No. ARB/00/S) January 17, 200 2-The Claimant files its respons e to the preliminary obj ections September 28 , 200 1-The Tribunal isof the Responde nt. sues its decision on juri sdic tion. (23) Ridgepointe Overseas Developments, Ltd.

its respons e to the preliminary obj ections September 28 , 200 1-The Tribunal isof the Responde nt. sues its decision on juri sdic tion. (23) Ridgepointe Overseas Developments, Ltd. October 26, 200 1-The Tribun al isv: Democratic Republic oí the Congo and sues a proc edural arder in con nection Gén érale des Carrieres et des Mines with the merits. (Case No. ARB/0018) De cember 21, 20 01The Clai mant Septemb er 7, 200 1The Claimant files its memo rial on the merits. files its memor ial. May 3 1 , 200 2-The Respondent files Febru ary 22, 200 2-The Respondents its counter-memorial on the merits. file their counter-mernorials . (2 1) Consort ium R. F.C. C. v. Kingdom oí MoApril 22 , 20 02The proc eed ing is rocco (Case No. ARB/00/6) suspend ed at the request of the parties.12 (24) ADF Gro up !ne. v. Unite d Sta tes oí America (Case No. ARB(AF)/ 00/1) August 2, 2001 -The Claimant files its memorial on comp etence and liability: Novemb er 30, 200 1 -The Res pondent files its counter-memorial on competence and li ability: Jan ua ry 18 , 20 02-Ca nad a and Mexic o fi le sub miss ions purs u ant to NAFTA Articl e 112 8. January 28 , 2002-The Claimant files its repl y on competence and liability: March 29, 2002-The Respon dent files its rejoinder on competence and liability: April 15-18 , 2002-TheTri bunal holds a hearing on competence and liability in

January 28 , 2002-The Claimant files its repl y on competence and liability: March 29, 2002-The Respon dent files its rejoinder on competence and liability: April 15-18 , 2002-TheTri bunal holds a hearing on competence and liability in Washington, D. C. (25) Técnicas Medioambientales Tecmed, S.A.

1. Unite d Mexica n States (Ca se No .

ARB( AF)/ 00/2) Sep temb er 4, 20 01 -T he Claimant files its memo rial on the merits. November 16 , 2001 -The proc eeding is suspended following th e resignation of Gu illerm o Aguilar Alvarez, December 17 , 2001 -The Tribunal is reconstit uted following the resi gnation of Guillermo Aguilar Alvarez. Its members are: Horado A. Grige ra N aón (Argentine), President; Jo sé Carlo s Fernández Rozas (S pani sh) ; an d Ca rlos Ber na l Verea (Mexican). February 12, 20 02-The Respo ndent files its counter-memorial on the rnerits. May 20-24, 2002-The Tribunal holds a hearing on the marsfiall ing of evidenc e in Washingto n, D. C. (26) Waste Management, !ne. v. United Mexican States (Case No. ARB (AF)/ 00/3) Augus t 6, 200 1-The Tribunal informs the parties of certain issues regarding the question of venue an d invites them to make observations on these issues. August 9, 2001The Resp ondent files its memorial on ju risdictio n. August 27 , 2001 -The Clairnan t a nd the Respondent each file their fur ther ob­ serv atio ns on the question of venue. September 18, 2001-The Tri buna l

its memorial on ju risdictio n. August 27 , 2001 -The Clairnan t a nd the Respondent each file their fur ther ob­ serv atio ns on the question of venue. September 18, 2001-The Tri buna l fixes time lirnits far subm issio n under Ar­ ticle 11 28 of the NAFTA an d for corn­ ments frorn the parties on the NAFTA Par­ ties' submissio ns. October 3, 2001 -The Tribunal issues a decision on venue of the arbitration.October 9, 2001-The Claimant files its counter-memorial on jurisdiction. November 16, 2001 -The proce eding is suspended following the resignation of Guillermo Aguilar Alvarez . December 14, 2001-The Trib unal is reconstituted following the resignation of Guillermo Aguilar Alvarez. Its members are: James Crawford (Australian), Presi­ de nt; Be njamí n R. Civile tti (U. S. ) ; and Ed uardo Magallón Gó mez (Mexic an) . February 2, 2002-The Tribunal holds a hearing on jurisdiction in Washington, D.C. Febru ary 19 , 2002-The part ies fil e submis sions in connection with further in­ formation requested by the Tribunal. June 28, 2002-The Tribunal renders its Decision on Mexico's Prelim inar y Ob­ jection Conc er ning th e Pr evious Pr o­ ce eding. (2 7) Generation Ukraine Inc. v. Ukraine (Case No. ARB/00/9) July 5, 2001The pr ocee ding is re­ sumed following the rejection of the chal­ lenge of an arbitrator made by the Claim­ ant. Se pt ember 26 , 2001-The Tri bunal holds its first session with the partie s in London. 13

sumed following the rejection of the chal­ lenge of an arbitrator made by the Claim­ ant. Se pt ember 26 , 2001-The Tri bunal holds its first session with the partie s in London. 13 March 1, 2002-The Respondent files its counter-mem o rial on competence and liability. May 6, 2002-The Claimant submits its reply on compete nce and liability (28 ) Impregilo, S.p.A and Rizzani De Eccher S.p.A. v. United Arab Emirates (Case No. ARB/0 1/ 1) August 7 , 2001The Secretary-Gen­ eral issues an arder taking note ofthe dis­ continuance of the proceeding pursuant to Arbitratio n Rule 44 . (29) An taine Goet z & ot h ers v. Repu blic oí Burun di (Case No. ARB/01 /2) June 25, 2002-The Tribunal is consti­ tut ed. It s members ar e: Prosper Wei l (French) , Pres ident ; Jean-Deni s Bre din (Fre nch ) ; an d Ahme d S. El-Koshe ri (Egyptian). (30) Enron Corporation and Pon derosa Assets, L.P v. Argen tine Republic (Case No. AREi 01 13) Novemb er 1, 2001 -The Tri bunal is constituted. Its members are: Francisco Orr eg o Vicu ña (Chil ean) , Presid ent; Héctor Gr os Es piell (Urugua yan) ; and Pierre-Yves Tschanz (Swiss) . De cember 5, 20 01 -Th e Trib unal holds its first se ssion with the parties in Washington, D. C.14 (3 1) AES Summit Generation Limited v. RepubApril 16, 2002-The Respondent files

De cember 5, 20 01 -Th e Trib unal holds its first se ssion with the parties in Washington, D. C.14 (3 1) AES Summit Generation Limited v. RepubApril 16, 2002-The Respondent files lic of Hungary (Case No. ARB/01 /4) its rejo inder. Septemb er 6, 2001 -The Tribunal is (33) AIG Capital Partners, !ne. and C]SC Toma constituted. Its members are: Allan Philip Real Es tate Com pan y v. Repu blic of (Dan ish) , President; Fra ncisco Or rego Kazakhstan (Case No. ARB/011 6 ) Vicuñ a (C hile an) ; and Pro sper Weil (French) . Octobe r 5, 200 1-The Tribunal is constituted. Its members are: Fali S. Nariman October 24, 2001TheTribunal holds (Indian) , President; Piero Bernardini (Italits first sess ion with the par ties in París. ian) ; and Branko Vukrnir (Croatian) . January 3 , 2002-Followin g a settleNo vemb er 15, 20 01The Tribunal ment agre ed by the par ties, the Tribunal holds its first sessio n in Londo n. issues an order taking note of the discontinuance of the pro ceeding pursuant to Feb ruary 15, 2002-The Claimants file Arb itration Rule 43(1 ) . their memoria l on the merits. (32) Société d'Exploitation des Mines d' Or de June 2, 2002-The Tribu nal holds its Sadiola S.A. v. Republic of Mali (Case No. second sessi on in París .

ARB/01 /S)

(34) MTD Equity Sdn. Bhd. and MTD Chile S.A.

Sadiola S.A. v. Republic of Mali (Case No. second sessi on in París .

ARB/01 /S)

(34) MTD Equity Sdn. Bhd. and MTD Chile S.A. September 21 , 2001 -The Trib unal is v. Chile (Case No. ARB/01 17) constitut ed. Its memb ers are: Bernardo Cremades (Spanish) , Pres ident; Robert August 6, 20 01 -The Secretary-GenS.M . Do sso u (B enines e) ; and Ib rahim eral registers a request for institution of Fadlallah (Lebanese) . arbitration pro ceedings. October 17 , 2001-The Tribunal holds March 5, 2002-The Tribunal is constiits first session with the parties in Paris. tuted. Its members are: Guillermo Aguilar 1, Alvarez (Mexican) , President; James H. De cemb er 14, 2001 -The Claimant Carter (U. S.); and W. Michael Reisman files its memorial. (U. S.). February 15, 2002The Respo ndent May 29, 200 2-The Tribunal holds its files its counter-memorial. first sessi on with the part ies in New York March 14 , 2002-The Claimant files its reply.15 (35 ) CMS Gas Transmission Company v: ArMay 22, 200 2-The Tribunal is constigentine Republic (Case No.A RB/01 18) tuted. Its members are: Rodrigo Oreamuno (Costa Rican) , President; Ber nardo Tobar August 24, 20 0 1-The Secretary-GenCarrión (Ecuador ian); and Alberto Wray eral registers a request for institution of Espinosa (Ecuadorian) . arbitration proceedings. (38) Noble Ventures, !ne. v: Republic oí RomaAugust 24, 20 0 1-The Secretary-GenCarrión (Ecuador ian); and Alberto Wray eral registers a request for institution of Espinosa (Ecuadorian) . arbitration proceedings. (38) Noble Ventures, !ne. v: Republic oí RomaJanuary 11, 2002 -The Tribunal is connia (Case No. ARB/01 /1 1) stit uted. Its memb ers are: Francisc o Orrego Vicuña (Chilean), President; Marc Oc tob er 17, 20 0 1-T he Secretar yLalo nde (Canadian); and Francis co Rezek General registers a request far institution (Brazilian). of arbitration proceedings. Febru ary 4, 2002-The Trib unal holds (39) Azurix Corp. v: Argentine Republic (Case its first se ssion with the parties in WashNo. ARB/01 / 12) ington, D. C. October 23, 20 0 1-The Sec retar y- (3 6) Bo oker ple v: Co-operat ive Republic of Ge ne ral registers a request far institution Guyana (Case No. ARB/01 /9) of arbitration proceedings: September 18 , 20 0 1-The SecretaryApril 8, 200 2-The Tribunal is constiGeneral registers a request for institution tuted . Its memb ers are : An dr es Rigo of arbitration proceedings. Sur eda (Sp ani sh) , Pr es id ent; Eli hu Lauterpacht (B ritish) ; and Daniel H. MarFebruary 1 9 , 20 02The parties aptins (Uruguayan) . point Brigi tte Stern as Sole Arbi trator. May 16, 200 2-The Tribunal holds its Ma y 2, 20 02 -The Sole Ar bitr ator first sessio n with the parties in Washingholds the first session with the parties in ton, D. C. Lo ndon.

May 16, 200 2-The Tribunal holds its Ma y 2, 20 02 -The Sole Ar bitr ator first sessio n with the parties in Washingholds the first session with the parties in ton, D. C. Lo ndon. (40) SGS Société Générale de Surveillance S.A. (37) Repsol YPF Ecua dor S. A. v. Empre sa v: lslamic Repu blic oí Pakistan (Case No. Estatal Pe troleas del Ec ua dor (PetroARB/0 11 13) ecuad or) (Case No. ARB/01 / 1 O) November 21, 2001The SecretaryOctober 5, 20 01 -The Secretary-G enGeneral registers a request fa r institution eral registers a request for institution of of arbitration proceedings . arbitration proceedings.16 April 25, 2002-The Tribunal is consti­ tute d. It s members are: Flo rent ino P Feliciano (Philippines), Preside nt: André J.E. Fauré s (B elgian) : and Toby Landau (British) . May 7 , 2002-The Claimant files a re­ quest for provisional measures. (4 1) F-W Oil ln ter est s, !ne. v. Rep ublic of Trinida d & Tobago (Case No. ARB/01 I 14) November 29, 20 0 1-The Secretary­ General registers a request for institution of arbitratio n proceedings. June 19 , 2002-The Tribunal is consti­ tuted. Its members are: Fali S. Nariman (Indian) , President: Franklin Berma n (Brit­ ish); and Michael Mustill (Br itish) . ( 42) Firem an 's Fun d lnsu ran ee Comp any v. United Mexican States (Case No. ARB (AF)/ 02/1)

(Indian) , President: Franklin Berma n (Brit­ ish); and Michael Mustill (Br itish) . ( 42) Firem an 's Fun d lnsu ran ee Comp any v. United Mexican States (Case No. ARB (AF)/ 02/1) Ja nuary 15 , 2002-Th e Secre tar y­ General registers a