ICL Europe Coöperatief U.A. (the Netherlands) v. The Federal Democratic Republic of Ethiopia
The PCA provided administrative support in this arbitration, which is being conducted under the UNCITRAL Arbitration Rules 2010 (with new Article 1, paragraph 4, as adopted in 2013), pursuant to the Agreement on encouragement and reciprocal protection of investments between the Federal Democratic Republic of Ethiopia and the Kingdom of the Netherlands, signed on 16 May 2003 and entered into force on 1 July 2005
Case information
Name(s) of Claimant(s)
ICL Europe Coöperatief U.A. (Private entity )
Name(s) of Respondent(s)
The Federal Democratic Republic of Ethiopia (State)
Names of Parties
-
Case number
2017-26
Administering institution
Permanent Court of Arbitration (PCA)
Case status
Concluded
Type of case
Investment arbitration
Subject matter or economic sector
Mining and quarrying
Procedural rules
UNCITRAL Arbitration Rules 2013
Treaty or contract under which proceedings were commenced
Bilateral treaty Agreement on encouragement and reciprocal protection of investments between the Federal Democratic Republic of Ethiopia and the Kingdom of the Netherlands, signed on 16 May 2003
Country A: Netherlands
Country B: Ethiopia
Language of Proceeding
English
Seat of Arbitration (by Country)
-
Arbitrator(s), Conciliator(s), Other Neutral(s)
Judge Joan E. Donoghue (Presiding Arbitrator)
Mr. Robert H. Smit
Professor Sean D. Murphy (substitute arbitrator for the late Professor David D. Caron)
Representatives of the Claimant(s)
Ms. Amal Bouchenaki
Ms. Liang-Ying Tan
Ms. May Khoury
Herbert Smith Freehills New York LLP
Ms. Abby Cohen Smutny
Mr. Darryl Lew
Mr. Hansel Pham
Ms. Kristen Young
White & Case LLP (since 7 May 2018)
Mr. Laurence Shore
BonelliErede (until 7 May 2018)
Representatives of the Respondent(s)
Dr. Zewdineh Beyene Haile
Professor Won Kidane
Mr. Jackson Shaw Kern
Addis Law Group LLP
Representatives of the Parties
Number of Arbitrators in case
3
Date of commencement of proceeding
11 May 2017
Date of issue of final award
09 July 2021
Length of Proceedings
3-4 years
Additional notes
Procedural Details
02-11-2017
The Parties and the Tribunal sign the Terms of Appointment
13-12-2017
The Tribunal issues Procedural Order No. 1
13-04-2018
The Parties and the Tribunal sign the revised Terms of Appointment and Addendum
12-06-2018
The Tribunal issues Procedural Order No. 2
05-02-2019
The Tribunal issues Amended Procedural Order No. 1
18-04-2019
The Tribunal issues Procedural Order No. 3
16-06-2019
The Tribunal issues Procedural Order No. 4
19-06-2020
The Tribunal issues Procedural Order No. 5
03-07-2020
The Tribunal issues Procedural Order No. 6
14-07-2020
The Tribunal issues Procedural Order No. 7
09-08-2020 to 14-08-2020
The Tribunal holds Phase One of a hearing on jurisdiction and the merits
21-08-2020
The Tribunal issues Procedural Order No. 8
27-11-2020
The Tribunal issues Procedural Order No. 9
03-12-2020 to 09-12-2020
The Tribunal holds Phase Two of a hearing on jurisdiction and the merits