ICSID - International Centre for Settlement of Investment Disputes

07/16/2024 | Press release | Distributed by Public on 07/16/2024 10:24

Agility Public Warehousing Company K.S.C. v. Republic of Iraq (ICSID Case No. ARB/17/7)

Agility Public Warehousing Company K.S.C. v. Republic of Iraq (ICSID Case No. ARB/17/7)

  • Subject of Dispute:
    Telecommunications enterprise
  • Economic Sector:
    Information & Communication
  • Instrument(s) Invoked: (i)
    BIT Iraq - Kuwait 2013
  • Applicable Rules:
    ICSID Convention - Arbitration Rules

(a) Original Proceeding

  • Claimant(s)/Nationality(ies): (i)
    Agility Public Warehousing Company K.S.C. (Kuwaiti)
  • Respondent(s):
    Republic of Iraq (Iraqi)
  • Date Registered:
    February 24, 2017
  • Date of Constitution of Tribunal:
    December 20, 2017
  • Composition of Tribunal

  • President:
    Cavinder BULL (Singaporean) - Appointed by the Chairman of the Administrative Council
  • Arbitrators:
    John BEECHEY (British) - Appointed by the Claimant(s)
    Sean MURPHY (U.S.) - Appointed by the Respondent(s)
  • Party Representatives

  • Claimant(s):
    Gibson, Dunn & Crutcher, London, U.K. and New York, NY, U.S.A.
    White & Case, Washington, D.C., U.S.A. and Paris, France
    Meysan Partners, Safat, Kuwait
  • Respondent(s):
    Debevoise & Plimpton, New York, NY, U.S.A.
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    February 22, 2021 - The Tribunal renders its award.

(b) Annulment Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Claimant(s)
  • Date Registered:
    June 4, 2021 (Claimant(s))
  • Date of Constitution of ad hoc Committee:
    September 22, 2021
  • Party Representatives

  • Claimant(s):
    Skadden, Arps, Slate, Meagher & Flom, New York, NY, U.S.A. and London, U.K.
    Meysan Partners, Safat, Kuwait
  • Respondent(s):
    Debevoise & Plimpton, New York, NY, U.S.A.
    Ministry of Justice, Baghdad, Iraq
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Concluded
  • Outcome of Proceeding:
    February 8, 2024 - The ad hoc Committee issues its decision on annulment; attached to the decision is a partial dissent by ad hoc Committee member Jacomijn van Haersolte-van Hof.

(c) Resubmission Proceeding

  • Applicant(s)/Requesting Party(ies): (i)
    Claimant(s)
  • Date Registered:
    July 16, 2024
  • Party Representatives

  • Claimant(s):
    Meysan Partners, Sharq, Kuwait
    Skadden, Arps, Slate, Meagher & Flom, New York, NY, U.S.A. and London, U.K.
  • Respondent(s):
    Ministry of Justice of the Republic of Iraq, Baghdad, Iraq
    Communications and Media Commission, Baghdad, Iraq
    Debevoise & Plimpton, New York, NY, U.S.A.
  • Language(s) of Proceeding:
    English
  • Status of Proceeding:
    Pending
  • Latest Development:
    July 16, 2024 - The Secretary-General registers a request for resubmission of the dispute to a new tribunal.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction (English;)

Award of the Tribunal(English;)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment (English;)

Partial Dissent(English;)

(a) Original Proceeding

Date Development
February 24, 2017 The Secretary-General registers a request for the institution of arbitration proceedings.
May 1, 2017 Following appointment by the Claimant, John Beechey (British) accepts his appointment as arbitrator.
July 1, 2017 Following appointment by the Respondent, Sean Murphy (U.S.) accepts his appointment as arbitrator.
December 20, 2017

Following appointment by the Chairman of the Administrative Council, Cavinder Bull (Singaporean) accepts his appointment as presiding arbitrator.

December 20, 2017

The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Cavinder Bull (Singaporean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; John Beechey (British), appointed by the Claimant; and Sean Murphy (U.S.), appointed by the Respondent.

January 31, 2018

The Tribunal holds a first session by telephone conference.

February 14, 2018

The Tribunal issues Procedural Order No. 1 concerning procedural matters.

April 30, 2018

The Claimant files a memorial on the merits.

August 6, 2018

The Respondent files a memorial on jurisdiction, including a request to address the objections to jurisdiction as a preliminary question.

September 17, 2018

The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.

October 11, 2018

The Tribunal holds a hearing on the Respondent's request to address the objections to jurisdiction as a preliminary question in London.

October 31, 2018

The Tribunal issues Procedural Order No. 2 concerning the Respondent's request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.

January 10, 2019

The Claimant files a counter-memorial on jurisdiction.

February 25, 2019

The Respondent files a reply on jurisdiction.

March 22, 2019

The Claimant files a rejoinder on jurisdiction.

April 1, 2019

The President holds a pre-hearing organizational meeting with the parties by telephone conference.

April 9, 2019

The Tribunal issues Procedural Order No. 3 concerning organization of the hearing.

April 24, 2019 - April 25, 2019

The Tribunal holds a hearing on jurisdiction in London.

May 20, 2019

Each party files a submission on costs.

July 9, 2019

The Tribunal issues a decision on jurisdiction.

September 2, 2019

The Tribunal issues Procedural Order No. 4 concerning the procedural calendar.

December 26, 2019

The Tribunal issues Procedural Order No. 5 concerning the procedural calendar.

February 20, 2020

The Tribunal issues Procedural Order No. 6 concerning the procedural calendar.

March 13, 2020

The Respondent files a counter-memorial on the merits.

March 30, 2020

The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.

May 6, 2020

The Tribunal issues Procedural Order No. 8 concerning production of documents.

May 18, 2020

The Tribunal issues Procedural Order No. 9 concerning the confidentiality of documents.

June 22, 2020

The Tribunal issues Procedural Order No. 10 concerning the confidentiality of documents.

July 18, 2020

The Claimant files a reply on the merits.

July 21, 2020

The Tribunal issues Procedural Order No. 11 concerning procedural matters.

September 23, 2020

The Respondent files a rejoinder on the merits.

September 28, 2020

The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.

October 2, 2020

The Tribunal issues Procedural Order No. 12 concerning procedural matters.

October 12, 2020 - October 16, 2020

The Tribunal holds a hearing on the merits by video conference.

November 18, 2020

Each party files a post-hearing brief.

January 4, 2021

Each party files a statement of costs.

January 22, 2021

Each party files a submission on interest.

February 3, 2021

The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).

February 22, 2021

The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
June 4, 2021

The Secretary-General registers an application for annulment of the award filed by Agility Public Warehousing Company K.S.C.P.

September 22, 2021

The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Ricardo Ramírez (Mexican), President; Hi-Taek Shin (Korean); and Jacomijn van Haersolte-van Hof(Dutch); all members appointed by the Chairman of the Administrative Council.

November 22, 2021

The ad hoc Committee holds a first session by video conference.

November 24, 2021

The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.

December 22, 2021

Agility Public Warehousing Company K.S.C.P. files a memorial on annulment.

April 22, 2022

The Republic of Iraq files a counter-memorial on annulment.

July 1, 2022

Agility Public Warehousing Company K.S.C.P. files a reply on annulment.

September 9, 2022

The Republic of Iraq files a rejoinder on annulment.

October 13, 2022

The ad hoc Committee holds a pre-hearing organizational meeting by video conference.

October 17, 2022

The ad hoc Committee issues Procedural Order No. 2 concerning hearing organization.

November 15, 2022 - November 16, 2022

The ad hoc Committee holds a hearing on annulment in London.

December 1, 2023

The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).

December 11, 2023

Each party files a statement of costs.

February 8, 2024

The ad hoc Committee issues its decision on annulment; attached to the decision is a partial dissent by ad hoc Committee member Jacomijn van Haersolte-van Hof.

(c) Resubmission Proceeding

Date Development
July 16, 2024

The Secretary-General registers a request for resubmission of the dispute to a new tribunal.