Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.

Claimant appointee

Claimant appointee:

Constantine Partasides

Respondent appointee

Respondent appointee:

Andrea K. Bjorklund

Tribunal/Panel chair

Chair/President:

Matthias Scherer

Arbitrator(s)

Sole Arbitrator

ICSID Annulment Committee president

ICSID Annulment Committee members

WTO Appellate Body members

WTO Appellate Body chair

Judges

Claimant's counsel

Hussein Haeri, Camilla Gambarini, Clàudia Baró Huelmo, Christina Liew, Yousra Salem, Maanya Tandon, Roberta Crivellaro, Patrice Omgba Nsi

Respondent's counsel

Ngando Sandje, Sylvie Bebohi Ebongo, Alvine Bélise Happi, Pierre Daureu, Aicha Mane, Jean-Claude Awana, Emmanuel Pensy

Other counsel

Claimant's expert

Respondent's expert

Claimant's witness

Respondent's witness

Other witnesses

Tribunal secretary

Laura Bergamini, Ella Rosenberg

Tribunal assistant

Country

Print reporter

Entities

Gruppo Officine Piccini S.p.A., Withers, Studio Legale Withers, Cabinet Omgba Nsi, HBE Avocats, Talex International, Cameroon

Document Summary

Procedural Order No. 1

This summary note is machine-generated. Always consult the original materials.

Procedural Background

This document is Procedural Order No. 1 issued by the arbitral tribunal in the ICSID proceedings between Gruppo Officine Piccini S.p.A. and the Republic of Cameroon. Following the constitution of the Tribunal on December 22, 2023, and the first session held via videoconference on February 23, 2024, the Tribunal issued this Order to establish the foundational procedural framework governing the arbitration pursuant to ICSID Arbitration Rules 27 and 29.

Procedural Rules and Directions

The Order delineates the comprehensive procedural rules for the arbitration, which is conducted under the ICSID Arbitration Rules in force as of July 1, 2022. Key procedural matters addressed include the apportionment of costs and advance payments to ICSID, the designation of Washington D.C. as the place of proceedings, and the establishment of English and French as the dual procedural languages. The Tribunal also set forth detailed protocols for the routing of communications, the formatting and filing of written pleadings, and the submission of documentary evidence, witness statements, and expert reports.

Document Production and Hearing Organization

The Tribunal established a structured mechanism for the production of documents, noting it may take guidance from the 2020 IBA Rules on the Taking of Evidence in International Arbitration. Furthermore, the Order outlines the procedures for the examination of witnesses and experts, the convening of pre-hearing organizational meetings, and the logistical parameters for the evidentiary hearing. To ensure procedural efficiency and adaptability, the Order incorporates three potential procedural timetables (Annex B) contingent upon whether the Respondent submits a request for bifurcation.

11 Mar 2024

Procedural Order No. 2

Document Details:

PARTICIPANTS

Procedural Order No. 2

Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.

Claimant appointee

Claimant appointee:

Constantine Partasides

Respondent appointee

Respondent appointee:

Andrea K. Bjorklund

Tribunal/Panel chair

Chair/President:

Matthias Scherer

Arbitrator(s)

Sole Arbitrator

ICSID Annulment Committee president

ICSID Annulment Committee members

WTO Appellate Body members

WTO Appellate Body chair

Judges

Claimant's counsel

Respondent's counsel

Other counsel

Claimant's expert

Respondent's expert

Claimant's witness

Respondent's witness

Other witnesses

Tribunal secretary

Laura Bergamini

Tribunal assistant

Country

Print reporter

Entities

Gruppo Officine Piccini S.p.A., Cameroon

Document Summary

Procedural Order No. 2

This summary note is machine-generated. Always consult the original materials.

Procedural Background

This document constitutes Procedural Order No. 2, issued by the Tribunal on March 11, 2024, to establish the transparency and confidentiality regime governing the arbitration proceedings between Gruppo Officine Piccini S.p.A. and the Republic of Cameroon. Following the circulation of a draft order and subsequent discussions during the first session held on February 23, 2024, the Tribunal formalized the parties' agreements and its own determinations regarding the publication of case-related materials.

Tribunal's Analysis and Directions

Noting that the applicable 1999 Italy-Cameroon BIT is silent on transparency and confidentiality, the Tribunal applied Article 48(5) of the ICSID Convention and ICSID Arbitration Rules 62–66. The Tribunal directed that the final Award, as well as any orders and decisions, shall be published by ICSID, subject to redactions agreed upon by the parties or determined by the Tribunal. Conversely, the Tribunal ruled that written submissions, supporting documents, and hearing transcripts shall not be published unless the parties expressly agree otherwise.

Furthermore, the Tribunal established a strict protocol for the protection of confidential information. Hearings will remain closed to the public absent mutual agreement. The Order delineates a comprehensive redaction procedure, requiring parties to submit non-disclosure requests within 30 days of a document's issuance or filing. Disputed redactions are to be resolved by the Tribunal utilizing a designated Transparency Schedule appended to the Order.