Patel Engineering Limited (India) v. The Republic of Mozambique

The PCA provided administrative support in this arbitration, which was conducted under the UNCITRAL Arbitration Rules (as adopted in 1976)


Case information

Name(s) of Claimant(s) Patel Engineering Limited (India) (Private entity )
Name(s) of Respondent(s) The Republic of Mozambique (State)
Names of Parties -
Case number 2020-21
Administering institution Permanent Court of Arbitration (PCA)
Case status Concluded
Type of case Investment arbitration
Subject matter or economic sector Construction
Procedural rules UNCITRAL Arbitration Rules 1976
Treaty or contract under which proceedings were commenced -
Language of Proceeding English
Seat of Arbitration (by Country) Netherlands
Arbitrator(s), Conciliator(s), Other Neutral(s)

Prof. Juan Fernández-Armesto (Presiding Arbitrator)
Prof. Guido Santiago Tawil
Mr. Hugo Perezcano Díaz

Representatives of the Claimant(s)

Ms. Sarah Z. Vasani
Ms. Lindsay Reimschussel
Ms. Daria Kuznetsova
Ms. Nicola Devine
CMS Cameron McKenna Nabarro Olswang LLP

 

Mr. Edward Ho
Brick Court Chambers

 

Ms. Sofia Martins
Mr. Renato Guerra de Almeida
Mr. Ricardo Saraiva
Miranda & Associados

Representatives of the Respondent(s)

Mr. Juan C. Basombrio
Ms. Theresa M. Bevilacqua
Mr. Daniel J. Brown
Dorsey & Whitney LLP

Representatives of the Parties
Number of Arbitrators in case 3
Date of commencement of proceeding 20 March 2020
Date of issue of final award 07 February 2024
Length of Proceedings 3-4 years
Additional notes -

Documents

Notice of Arbitration
Notice of Arbitration
Response to the Notice of Arbitration
Written submission
Claimant's Statement of Claim
Respondent’s Motion for Bifurcation
Claimant's Response to Respondent's Motion for Bifurcation
Jurisdictional Objections & Statement of Defense, as submitted on 26 March 2021
Claimant’s Reply on the Merits and Response to Objections to Jurisdiction
Respondent’s Application for a Stay and Modification of the Procedural Timetable, dated 1 October 2021
Claimant’s Response to Respondent’s Application for a Stay of the Proceedings, dated 15 October 2021
Respondent’s Reply in Support of its Application for a Temporary Stay, dated 20 October 2021
Claimant’s Rejoinder to Respondent’s Reply in support of its Application for a Stay of the Proceedings, dated 25 October 2021
Respondent's Rejoinder On The Merits & Reply On Objections To Jurisdiction dated 29 November 2021
Claimant's Rejoinder on Objections to Jurisdiction dated 7 February 2022
Respondent's Letter dated 7 March 2022
Claimant's Letter dated 21 March 2022
Claimant's Letter dated 6 April 2022
Respondent's Letter dated 14 April 2022
Claimant's Submission of 20 April 2022
Respondent's Letter dated 25 April 2022
Claimant's Additional Submission on Quantum dated 30 May 2022
Respondent's Response to Claimant's Additional Submission on Quantum
Claimant's Post-Hearing Brief
Respondent's Post-Hearing Brief
Respondent's Cost Submission
Claimant's Submission on Costs (Redacted)
Claimant's Schedule of Costs (Redacted)
Claimant's Request for Correction
Respondent's Response to the Request for Correction
Procedural Documents
Terms of Appointment
Procedural Order No. 1
Annexes to Procedural Order No. 1
Procedural Order No. 2 - Procedure for the Redaction of Confidential info
Procedural Order No. 3 - Decision on Motion for Bifurcation
Annex I bis to Procedural Order No. 1 - Amended Procedural Timetable
Annex I ter to Procedural Order No. 1 - Amended Procedural Timetable
Annex I quater to Procedural Order No. 1 - Amended Procedural Timetable
Annex I quinquies to Procedural Order No. 1 - Amended Procedural Timetable
Tribunal's Letter dated 31 May 2021
Annex I sexies to Procedural Order No. 1 - Amended Procedural Timetable
Annex I septies to Procedural Order No. 1 - Amended Procedural Timetable
Procedural Order No. 4 - Decision on Stay Application
Annex I octies to Procedural Order No. 1 - Amended Procedural Timetable
Annex I nonies to Procedural Order No. 1 - Amended Procedural Timetable
Tribunal's Letter dated 12 April 2022
Tribunal's Letter dated 28 April 2022
Annex I decies Procedural Order No. 1 - Amended Procedural Timetable dated 13 May 2022
Procedural Order No. 5 - Organization of the Hearing
Procedural Order No. 6
Procedural Order No. 6 bis
Procedural Order No. 7
Procedural Order No. 8
Award or other decision
Final Award (Redacted)
Dissenting Opinion of Professor Guido S Tawil
Decision on the Request for Correction of the Final Award
Press Release
Comunicado de Imprensa
Press Release
Other
Claimant’s Index of Legal Authorities
Claimant’s Index of Factual Exhibits
Claimant's Index of Factual Exhibits - 30 October 2020
Claimant's Index of Factual Exhibits (as submitted on 3 November 2020) - 30 October 2020
Claimant's Index of Legal Authorities - 30 October 2020
Claimant’s Index of Legal Authorities
Claimant's Index of Legal Authorities - 4 December 2020
Claimant's Index of Legal Authorities (as submitted on 8 December 2020) - 4 December 2020
Claimant's Index of Legal Authorities (as submitted on 10 December 2020) - 30 December 2020
Exhibits and Legal Authorities List, as submitted on 26 March 2021
Respondent's Exhibit and Legal Authorities List - 19 March 2021
Respondent's Second Amendment Exhibits and Legal Authorities List - 19 March 2021
Respondent's Amended Exhibit and Legal Authorities List - 19 March 2021
Respondent's Third Amended Exhibit List - 15 April 2021
Claimant’s Index of Factual Exhibits Organised by Exhibit Number
Claimant’s Index of Legal Authorities
Claimant's Consolidated Index of Factual Exhibits - 9 August 2021
Claimant's Index of Factual Exhibits - 9 August 2021
Claimant's Index of Claimant Legal Authorities - 9 August 2021
Claimant’s Index of Factual Exhibits to Claimant’s Response to Respondent’s Application for a Stay of the Proceedings, dated 15 October 2021
Claimant's Index of Factual Exhibits - 15 October 2021
Claimant's Updated Index of Factual Exhibits - 5 November 2021
Claimant's Index of Factual Exhibits - 7 February 2022
Claimant's Index of Legal Authorities - 7 February 2022
Claimant's Index of Factual Exhibits - 30 May 2022
Claimant's Index of Legal Authorities - 30 May 2022
Claimant's Index of Factual Exhibits - 18 August 2023_Redacted
Transcript/Minutes
Hearing Transcript - Day 1
Hearing Transcript - Day 2
Hearing Transcript - Day 3
Hearing Transcript - Day 4
Hearing Transcript - Day 5
Hearing Transcript - Day 6
Hearing Transcript - Day 7
Hearing Transcript - Day 8