1.1. These proceedings are conducted in accordance with the ICSID Arbitration Rules in force as of April 10, 2006.
Constitution of the Tribunal and Tribunal Members’ Declarations Arbitration Rule 6
2.1. The Tribunal was constituted on May 19, 2016 in accordance with the ICSID Convention and the ICSID Arbitration Rules. The Tribunal takes notes of the Respondent’s letter of May 24, 2016.
2.2. The Members of the Tribunal timely submitted their signed declarations in accordance with ICSID Arbitration Rule 6(2). Copies of these declarations were distributed to the Parties by the ICSID Secretariat on May 19, 2016.
Fees and Expenses of Tribunal Members Convention Article 60; Administrative and Financial Regulation 14; ICSID Schedule of Fees
3.1. The fees and expenses of each Tribunal Member shall be determined and paid in accordance with the ICSID Schedule of Fees and the Memorandum on Fees and Expenses of ICSID Arbitrators in force at the time the fees and expenses are incurred.
3.2. Under the current Schedule of Fees, each Tribunal Member receives:
3.2.1. US$3,000 for each day of meetings or each eight hours of other work performed in connection with the proceedings or pro rata; and
3.2.2. subsistence allowances, reimbursement of travel, and other expenses pursuant to ICSID Administrative and Financial Regulation 14.
3.3. Each Tribunal Member shall submit his claims for fees and expenses to the ICSID Secretariat on a quarterly basis.
3.4. Non-refundable expenses incurred in connection with a hearing as a result of a postponement or cancellation of the hearing shall be reimbursed.
Presence and Quorum Arbitration Rules 14(2) and 20(1)(a)
4.1. Given that the Parties did not agree otherwise, the presence of all Members of the Tribunal constitutes a quorum for its sittings, including by any appropriate means of communication.
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Rulings of the Tribunal Convention Article 48(1); Arbitration Rules 16, 19 and 20
5.1. Decisions of the Tribunal shall be taken by a majority of the Members of the Tribunal.
5.2. ICSID Arbitration Rule 16(2) applies to decisions taken by correspondence except that where the matter is urgent, the President may decide procedural matters without consulting the other Members, subject to possible reconsideration of such decision by the full Tribunal.
5.3. The Tribunal will draft all rulings, including the award, within a reasonable time period and will provide regular updates to the Parties.
5.4. The President is authorized to issue Procedural Orders on behalf of the Tribunal.
5.5. The Tribunal’s rulings on procedural matters may be communicated to the Parties by the Tribunal Secretary in the form of a letter or email.
Power to Fix Time Limits Arbitration Rule 26(1)
6.1. The President may fix and extend time limits for the completion of the various steps in the proceeding.
6.2. In exercising this power, the President shall consult with the other Members of the Tribunal. If the matter is urgent, the President may fix or extend time limits without consulting the other Members, subject to possible reconsideration of such decision by the full Tribunal.
Secretary of the Tribunal Administrative and Financial Regulation 25
7.1. The Tribunal Secretary is Ms. Aurélia Antonietti, Team Leader/Legal Counsel, ICSID, or such other person as ICSID may notify the Tribunal and the Parties from time to time.
7.2. To send copies of communications by email, mail, and courier/parcel deliveries to the ICSID Secretariat, the contact details are:
8.1. Each Party shall be represented by its counsel (below) and may designate additional agents, counsel, or advocates by notifying the Tribunal and the Tribunal Secretary promptly of such designation.
For Claimant
c/o Mr. Iain Maxwell
Ms. Naomi Lisney
Mr. Dominic Kennelly
Herbert Smith Freehills LLP
Exchange House
Primrose Street
London EC2A 2EG
United Kingdom
Tel.: +44 20 7374 8000
Fax: +44 20 7374 0888
Email addresses: [email protected] [email protected] [email protected]
and
c/o Mr. Matthew Weiniger, QC
Linklaters LLP
1 Silk Street
London EC2Y 8HQ
United Kingdom
Postal Address
Tel.: +44 0 207 456 5523
Fax: +44 0 207 456 2222
Email address: [email protected]
For Respondent
c/o Mr. Beredy Malegesi
Crax Law Partners
Ami Building, 2nd Floor
Samora/Mkwepu Street
P.O. Box 14605
Dar Es Salaam
Tanzania
Tel.: +255 22 2110399
Fax: +255 22 2132107
Email address: [email protected]
and
c/o Mr. Richard K. Rweyongeza
Prof. Bonaventure Rutinwa
R.K. Rweyongeza & Co. Advocates
Avalon Building 3rd Floor
Zanaki/Sokoine Street
P.O. Box 75192
Dar Es Salaam
Tanzania
Tel.: +255 22 2110399
Fax: +255 22 2132107
Email addresses: [email protected] [email protected]
and
c/o Mr. David Hesse
Mr. James Cockburn
Curtis, Mallet-Prevost, Colt & Mosle LLP
99 Gresham Street
London EC2V 7NG
United Kingdom
Apportionment of Costs and Advance Payments to ICSID Convention Article 61(2); Administrative and Financial Regulation 14; Arbitration Rule 28
9.1. The Parties shall cover the direct costs of the proceeding in equal parts, without prejudice to the final decision of the Tribunal as to the allocation of costs.
9.2. By letter of May 23, 2016, ICSID requested that each party pay US$175,000 to cover the initial costs of the proceeding. ICSID received Claimant’s payment on June 23, 2016 and has not yet received the Respondent’s payment.
9.3. ICSID shall request further advances as needed. Such requests shall be accompanied by a detailed interim statement of account.
Place of Proceeding Convention Articles 62 and 63; Administrative and Financial Regulation 26; Arbitration Rule 13(3)
10.1. London, England, shall be the place of the proceeding.
10.2. The Tribunal may hold hearings at any other place that it considers appropriate if the Parties so agree.
10.3. The Tribunal may deliberate at any place it considers convenient.
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Procedural Language Administrative and Financial Regulation 30(3) and (4); Arbitration Rules 20(1)(b) and 22
11.1. English is the procedural language of the arbitration.
Routing of Communications Administrative and Financial Regulation 24
12.1. The ICSID Secretariat shall be the channel of written communications between the Parties and the Tribunal.
12.2. Each Party’s written communications shall be transmitted by email or other electronic means to the opposing Party and to the Tribunal Secretary, who shall send them to the Tribunal.
12.3. Electronic versions of communications ordered by the Tribunal to be filed simultaneously shall be transmitted to the Tribunal Secretary only, who shall send them to the opposing Party and the Tribunal.
12.4. The Tribunal Secretary shall not be copied on direct communications between the Parties when such communications are not intended to be transmitted to the Tribunal.
On behalf of the Tribunal
[Signed]
Signature
Lawrence Boo President
of the Tribunal Date:
June 27, 2016
