The Eurotunnel Arbitration

The PCA acted as registry in an arbitration concerning alleged breaches of a Concession Agreement entered into by two entities of the Eurotunnel group and the British and French Governments for the construction of a fixed link between France and the United Kingdom. After France opened a hostel for refugees near the terminal of the fixed link, certain hostel inhabitants attempted to reach the United Kingdom via the fixed link. The Claimants suffered loss and damage due to such incursions, which they claimed the French and United Kingdom Governments had a duty to prevent. The United Kingdom Government imposed penalties on the Claimants in respect of clandestine migrants gaining entry via the fixed link. The Claimants brought a separate claim relating to alleged discrimination in favour of the ferry company SeaFrance through the payment of state subsidies to the latter. In its Partial Award dated January 30, 2007, the Arbitral Tribunal held the Respondents liable for their failure to prevent the incursions, but rejected the claim concerning discrimination in relation to SeaFrance. The Tribunal deferred the issue of quantum to a later stage.

Case information

Name(s) of Claimant(s) 1. The Channel Tunnel Group Limited (Private entity )
2. France-Manche S.A. (Private entity )
Name(s) of Respondent(s) 1. The Secretary of State for Transport of the Government of the United Kingdom of Great Britain and Northern Ireland (State)
Names of Parties -
Case number 2003-06
Administering institution Permanent Court of Arbitration (PCA)
Case status Concluded
Type of case Investment arbitration
Subject matter or economic sector Manufacturing
Procedural rules - Other -
Treaty or contract under which proceedings were commenced

Bilateral treaty
Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland Concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link
Country A: France
Country B: United Kingdom

Language of Proceeding English
Seat of Arbitration (by Country) Belgium
Arbitrator(s), Conciliator(s), Other Neutral(s)

Professor James Crawford SC, Chairman
Maître L. Yves Fortier CC QC
H.E. Judge Gilbert Guillaume
The Rt. Hon. Lord Millett
Mr. Jan Paulsson

Representatives of the Claimant(s)

Mr Matthew Weiniger, Herbert Smith LLP, Agent, Counsel and Advocate;
Professor Christopher Greenwood, CMG, QC, Counsel and Advocate;
Maître François-Henri Briard, Delaporte Briard Trichet, Counsel and Advocate;
Maître Emmanuelle Cabrol, Herbert Smith LLP, Counsel and Advocate;
Maître Jean-Pierre Boivin, Cabinet Boivin, Counsel;
Maître Malik Memlouk, Cabinet Boivin, Counsel;
Maître Corentin Chevallier, Cabinet Boivin, Counsel;
Mr Matthew Page, Herbert Smith LLP, Counsel;
Ms Joanne Greenaway, Herbert Smith LLP, Counsel;
Mr Oliver Jones, Herbert Smith LLP, Counsel;
Mr Milo Molfa, Herbert Smith LLP, Assistant-Counsel;
Mr Jean-Alexis Souvras, General Counsel, Eurotunnel;
Mr David Marteau, Legal Affairs Department, Eurotunnel.

Representatives of the Respondent(s)


Mr Jean-Luc Florent, Deputy Legal Director at the Ministry of Foreign Affairs, Agent;
Mr Alain Pellet, Professor at the University of Paris X-Nanterre, member and former Chairman
of the International Law Commission of the United Nations, Counsel and Advocate;
Mr Mathias Forteau, Professor of Law at the University of Lille 2, Counsel and Advocate;
Mr Pierre Bodeau-Livinec, Legal Affairs, Department, Ministry of Foreign Affairs, Deputy-Agent;
Mr Jean-Pierre Ghuysen, Inspecteur général des transports et des travaux publics, President of the
French Delegation to the Intergovernmental Commission on the Channel Tunnel, Expert-
Mr Arnaud Tournier, Chargé de mission, General Secretariat for the Channel Tunnel, Expert-Counsel;
Mr Franck Latty, Doctor of Law, Chargé de mission, General Secretariat for the Channel Tunnel, Expert-Counsel.


Mr Christopher A. Whomersley, Deputy Legal Adviser, Foreign and Commonwealth Office, Agent;
Mr K. Akbar Khan, First Secretary, British Embassy, The Hague, Deputy Agent;
Mr David Anderson QC, Counsel;
Mr Samuel Wordsworth, Counsel;
Ms Jessica Wells, Counsel;
Mr John Henes, former Chairman, UK Delegation to the Intergovernmental Commission on the Channel Tunnel;
Ms Deborah Phelan, Department of Transport;
Mr Michael Harakis, Department of Transport.

Representatives of the Parties
Number of Arbitrators in case 5
Date of commencement of proceeding 01 December 2003
Date of issue of final award 30 January 2007
Length of Proceedings 3-4 years
Additional notes -


Award or other decision
Partial Award
Partial Award
Dissenting Opinion
Dissenting Opinion