Wednesday 27 January 2016

Churchill Mining 26/01/16

June 22, 2012The Secretary-General registers a request for the institution of arbitration proceedings.
September 19, 2012Following appointment by the Claimant, Albert Jan van den Berg (Dutch) accepts his appointment as arbitrator.
September 21, 2012Following appointment by the Respondent, Michael Hwang (Singaporean) accepts his appointment as arbitrator.
October 3, 2012Following appointment by the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; Albert Jan van den Berg (Dutch), appointed by the Claimant; and Michael Hwang (Singaporean), appointed by the Respondent.
November 20, 2012The Government of the Regency of East Kutai files a petition with the Tribunal to participate in the proceeding as a party.
November 22, 2012The Respondent files observations on the petition filed on November 20, 2012.
November 22, 2012The Respondent files a request for the Tribunal to decide on production of documents, and files a request for provisional measures.
November 26, 2012The Claimant files observations on the petition filed on November 20, 2012, and files observations on the Respondent’s request for the Tribunal to decide on production of documents.
November 27, 2012The Tribunal holds a first session by video conference.
December 6, 2012The Tribunal issues Procedural Order No. 1 concerning procedural matters and production of documents.
December 17, 2012The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents, and files observations on the Respondent’s request for provisional measures.
January 7, 2013The Respondent files a response to the Claimant's observations of December 17, 2012.
January 21, 2013The Claimant files further observations on the request for provisional measures.
February 5, 2013The Tribunal issues Procedural Order No. 2 concerning the petition of the Government of the Regency of East Kutai of November 20, 2012.
March 1, 2013The Tribunal holds a joint session on procedural matters in ICSID Case No. ARB/12/14 and ICSID Case No. ARB/12/40 by video conference.
March 4, 2013The Tribunal issues Procedural Order No. 3 concerning provisional measures.
March 13, 2013The Claimants file a memorial on jurisdiction and the merits.
March 14, 2013The Respondent files a request for the Tribunal to decide on production of documents.
March 18, 2013The Tribunal issues Procedural Order No. 4 concerning procedural matters.
March 19, 2013The Tribunal issues Procedural Order No. 5 concerning production of documents.
April 8, 2013The Respondent files a counter-memorial on jurisdiction.
April 30, 2013The Claimants file a reply on jurisdiction.
May 6, 2013The Respondent files a rejoinder on jurisdiction.
May 8, 2013The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
The Tribunal issues Procedural Order No. 6 concerning the organization of the hearing on jurisdiction.
May 9, 2013The Claimants file a supplemental memorial on the merits.
May 13, 2013 - May 14, 2013The Tribunal holds a hearing on jurisdiction in Singapore.
May 28, 2013The Tribunal issues Procedural Order No. 7 concerning procedural matters.
June 11, 2013Each party files a statement of costs.
July 22, 2013The Tribunal poses questions to the parties.
August 23, 2013Each party files answers to the questions posed by the Tribunal on July 22, 2013.
August 30, 2013Each party files observations on the other party’s answers of August 23, 2013.
February 24, 2014The Tribunal issues two decisions on jurisdiction.
March 27, 2014The Claimants file a request for provisional measures.
April 22, 2014The Tribunal issues Procedural Order No. 8 concerning the procedural calendar.
April 25, 2014The Respondent files observations on the Claimants' request for provisional measures.
May 12, 2014The Claimants file a response to the Respondent's observations of April 25, 2014.
May 16, 2014The Respondent files a request for production of original documents for inspection.
May 27, 2014The Respondent files further observations on the Claimants' response of May 12, 2014.
May 28, 2014The Claimants file observations on the Respondent's request for production of original documents for inspection.
June 6, 2014The Respondent files a response to the Claimants' observations of May 28, 2014.
June 18, 2014The Claimants file a second supplemental memorial on the merits.
June 20, 2014The Claimants file further observations on the Respondent's response of June 6, 2014 and a request for production of original documents for inspection.
July 8, 2014The Tribunal issues Procedural Order No. 9 concerning provisional measures.
July 9, 2014The Respondent files a response to the Claimants' further observations and request of June 20, 2014.
July 22, 2014The Tribunal issues Procedural Order No. 10 concerning the parties' requests for production of original documents for inspection.
August 21, 2014The Tribunal issues Procedural Order No. 11 concerning the organization of the document inspection.
August 29, 2014The parties conduct a document inspection in Singapore.
September 2, 2014The Claimants file a request for provisional measures.
September 15, 2014The Respondent files observations on the Claimants' request for provisional measures.
September 25, 2014The Respondent files an application to dismiss the claims.
September 26, 2014The Claimants file a response to the Respondent’s observations of September 15, 2014.
October 6, 2014The Respondent files further observations on the Claimants’ response of September 26, 2014.
October 21, 2014The Tribunal holds a hearing by telephone conference on provisional measures and on the procedure regarding the Respondent’s application to dismiss the claims.
October 27, 2014The Tribunal issues Procedural Order No. 12 concerning the procedure regarding the Respondent’s application to dismiss the claims.
November 3, 2014The Respondent files a request for the Tribunal to reconsider certain aspects of its Procedural Order No. 12.
November 10, 2014The Claimants file observations on the Respondent’s request of November 3, 2014
November 18, 2014The Tribunal issues Procedural Order No. 13 concerning the Respondent’s request of November 3, 2014.
November 23, 2014The Claimants file a request for the Tribunal to reconsider Procedural Order No. 13.
December 1, 2014The Respondent files observations on the Claimants’ request of November 23, 2014.
December 8, 2014The Claimants file a response to the Respondent’s observations of December 1, 2014.
December 12, 2014The Respondent files further observations on the request of November 23, 2014.
December 22, 2014The Tribunal issues Procedural Order No. 14 concerning provisional measures.
January 12, 2015The Tribunal issues Procedural Order No. 15 concerning the Claimants’ request of November 23, 2014.
March 11, 2015The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 13, 2015The Claimants file a request for the production of other evidence pursuant to Article 43 of the ICSID Convention.
March 18, 2015The Claimants file observations on the Respondent’s request of March 11, 2015.
March 20, 2015The Tribunal decides on the admissibility of new evidence.
March 27, 2015The Respondent files observations on the Claimants’ request of March 13, 2015.
March 30, 2015Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents and production of original documents for inspection.
March 31, 2015Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents and production of original documents for inspection.
April 3, 2015The Respondent files further observations on the Claimants’ request of March 13, 2015.
April 6, 2015The Tribunal issues Procedural Order No. 16 concerning the parties’ requests for the Tribunal to decide on production of documents and production of original documents for inspection, and the organization of the document inspection.
April 8, 2015The Claimants file a response to the Respondent’s observations of March 27, 2015 and April 3, 2015.
April 10, 2015The Respondent files further observations on the Claimants’ response of April 8, 2015.
April 16, 2015 - April 17, 2015The parties conduct a document inspection in Singapore.
April 20, 2015The Respondent files a request for the Tribunal to decide on confidentiality of documents.

The Respondent files a request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16.
April 24, 2015The Claimants file observations on the Respondent’s requests of April 20, 2015.
April 28, 2015The Respondent files a response to the Claimants’ observations of April 24, 2015 concerning the confidentiality of documents.
April 30, 2015The Respondent files a response to the Claimants’ observations of April 24, 2015 concerning its request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16.
May 4, 2015The Claimants file further observations on the Respondent’s response of April 28, 2015.

The parties submit a confidentiality agreement.
May 12, 2015The Tribunal decides on the Respondent’s request for the Tribunal to reconsider certain aspects of its Procedural Order No. 16.
May 25, 2015Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
May 29, 2015The Claimants file observations on the Respondent’s application of September 25, 2014.
May 30, 2015The Respondent files observations on the document inspection of April 16-17, 2015.
June 2, 2015The Tribunal issues Procedural Order No. 17 concerning production of documents.
June 12, 2015The Claimants file observations on the document inspection of April 16-17, 2015.
June 16, 2015The Respondent files a request for the Tribunal to preclude the Claimants from submitting certain documents.
June 19, 2015The Claimants file observations on the Respondent’s request of June 16, 2015.
June 22, 2015The Respondent files a response to the Claimants’ observations of June 19, 2015.
July 1, 2015Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
July 6, 2015The Tribunal issues Procedural Order No. 18 concerning production of documents.
July 14, 2015The President holds a pre-hearing organizational meeting with the parties by telephone conference.
July 20, 2015The Tribunal issues Procedural Order No. 19 concerning the organization of the hearing.
July 30, 2015The Claimants file a request for the exclusion of evidence.
August 2, 2015The parties conduct a document inspection in Singapore.
August 3, 2015 - August 10, 2015The Tribunal holds a hearing on document authenticity in Singapore.
August 4, 2015The Respondent submits oral observations on the Claimants’ request of July 30, 2015 during the hearing.

The Tribunal decides on the exclusion of evidence.
August 20, 2015The Tribunal issues Procedural Order No. 20 concerning procedural matters.
October 20, 2015Each party files a post-hearing brief.
November 17, 2015Each party files a reply post-hearing brief.
December 11, 2015Each party files a submission on costs.
December 23, 2015Each party files observations on the other party’s submission on costs.

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