The ARA Libertad Arbitration (Argentina v. Ghana)

Pursuant to Article 287 and Annex VII, Article 1 of the United Nations Convention on the Law of the Sea (“UNCLOS”), on 29 October 2012, the Argentine Republic instituted arbitral proceedings concerning the detention of and court measures adopted by the Republic of Ghana concerning the Argentine frigate ARA Libertad. The Permanent Court of Arbitration acted as Registry in this arbitration.


Case information

Name(s) of Claimant(s) The Argentine Republic (State)
Name(s) of Respondent(s) The Republic of Ghana (State)
Names of Parties -
Case number 2013-11
Administering institution Permanent Court of Arbitration (PCA)
Case status Concluded
Type of case Inter-state arbitration
Subject matter or economic sector Law of the sea
Rules used in arbitral proceedings - Other -
Treaty or contract under which proceedings were commenced -
Language of Proceeding English
Seat of Arbitration (by Country) Netherlands
Arbitrator(s)
H.E. Judge Bruno Simma
H.E. Judge Awn Shawkat Al-Khasawneh
Judge Elsa Kelly
Judge Thomas A. Mensah
Professor Bernard H. Oxman
Representatives of the Claimant(s)
Agent
Her Excellency Susana Ruiz Cerutti, Ministry of Foreign Affairs and Worship, Argentina
 
Co-Agent
His Excellency Horacio Adolfo Basabe, Ministry of Foreign Affairs and Worship, Argentina
 
Counsel
Professor Marcelo Kohen, Graduate Institute of International and Development Studies, Geneva
Professor Gerhard Hafner, University of Vienna, Vienna
His Excellency Holger F. Martinsen, Ministry of Foreign Affairs and Worship, Argentina
 
Advocates
Mr. Mamadou Hébié, Graduate Institute of International and Development Studies, Geneva
Mr. Gregor Novak, University of Vienna, Vienna
Ms. Erica Lucero, Ministry of Foreign Affairs and Worship, Argentina
Representatives of the Respondent(s)
Agent
Her Excellency Marietta Brew Appiah-Opong, Attorney-General of Ghana and Minister for Justice
 
Co-Agents
Her Excellency Amma Gaisie, Solicitor-General of Ghana
Her Excellency Sylvia Adusu, Ministry of Justice and Attorney-General, Ghana
His Excellency Ebenezer Appreku, Ministry of Foreign Affairs and Regional Integration, Ghana
 
Counsel
Professor Philippe Sands QC, Matrix Chambers, London
Mr. Fui Tsikata, Reindorf Chambers, Accra
Mr. Daniel Alexander QC,Lincoln's Inn, London
Ms. Blinne Ní Ghrálaigh, Matrix Chambers, London
 
Advisers
Professor Martin Tsamenyi, AM, University of Wollongong, Australian National Centre for Ocean Resources and Security, Keiraville 
Mr. Kwame Mfodwo, Office of the President, Accra
Mr. Remi Reichhold, Matrix Chambers, London
Representatives of the Parties
Number of Arbitrators in case 5
Date of commencement of proceeding 29 October 2012
Date of issue of final award 11 November 2013
Length of Proceedings 1-2 years
Additional notes -

Attachments

Notice of Arbitration
Notification of the Argentine Republic
Procedural Order
Procedural Order No. 1
Orden Procesal No. 1
Award or other decision
Termination Order
Termination Order
Press Release
Press Release
Press Release
Press Release
Press Release
Press Release
Press Release
Other
Rules of Procedure
Reglamento del Procedimiento
Agreement between Argentina and Ghana
Agreement between Argentina and Ghana
Judgment of the Supreme Court of Ghana
Image
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Video
Video Signing Ceremony

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