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Letter of Transmittal __ 2 Introduction _ 3

and Ratifications 3 of Panel Members and Other Actions

Pursuant to the Convention 3 Advance of the Jurisdiction of the Centre _ ___ 4 Tenth Annual of the Administrative Council _ _ 4 UISDutes Submitted to the Centre 4 Finance 5 Publications 5

middot(nmiddothmiddot~~tinln States

Annexes bull nmiddottl~~tinn States and Other of the Convention _~ ___ ~ _____ 6

Members of the Administrative Council and Officials of the Centre 8 List of the Members of the Panels of Conci liators and Arbitrators 9

1 List of 1

4 Provisions to ICSID in International and National Investment Laws 20

5 Resolutions of the Administrative Council 31 6 Arbitration 32 7 Financial Statement 41 8 to the Centre 42 9 Publications of ICSID 43

2

International Centre for Settlement of Investment Disputes

September 6 1977

Dear Mr Chairman

Pursuant to Administrative and Financial Regulation 4(4) I hereby submit to the Administrative Council for Its approval the Annual Reshyport on the operation of the International Centre for Settlement of Investment Disputes required by Article 6(1 )(g) of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States This Eleventh Annual Report covers the fiscal year July 1 1976 to June 301977

The report includes the audited financial statement of the Centre presented pursuant to Administrative and Financial Regulation 18

Sincerely yours

L A Broches

Secretary-General

Mr Robert S McNamara Chairman Administrative Council International Centre for Settlement of Investment Disputes

Introduction

the year under review interest in use of under the of the Centre continued to grow The Centre noted among other things the conclusion of additional bilateral between

for recourse to the Centre that might arise between one

of these States and nationals of the other Further to a of the o ~ middot

General at the Tenth Annual the Secretariat nltn~ oti

which are not within its as defined in Article 25

of the Convention The draft was circulated to the members of the Administrative Counshycil for comments which were received

the end of the fiscal year The orc)ceuroedincls nHir4 the Secreshy

tariat draft are conciliation and arbitration which do not meet all the reshy

1110 + of the for instance to and

Such proshythe

a

nonshyentities would be facilitated

the existence of institutional arrangeshyments in the form of rules and an adminshy

the created under a Convention whose broad aim is to foster for ecoshynomic

it both moral and

a clear mandate of strict which it has striven to carry out

A into account governshymental comments will be submitted to the Administrative Council for discussion at its Eleventh Annual aaT

51~~nClltulres and Ratifications

ments of ratification A tabulation States and other InnIt(Hitl~ of

the Convention appears in Annex 11

nA~inn~ltinr~ of Panel Members and Other Actions Taken States Pursuant to the Convention

The members of the Panel of Conciliators and of the Panel of Arbitrators are nated the States and the Chairman of the Administrative Council Pursuant to Article ) of the Convention

States may to each Panel four persons who may but need not be its nationals Pursuant to Article 1 the Chairman may ten persons to each Panel The persons so to a Panel by the Chairman shall each have a different The Panel of Concilishyators now contains 146 names and the Panel of Arbitrators 146 names2

Pursuant to Article of the Convenshytion each to

the ~

court or other author-to which requests for the and

enforcement of arbitral awards are to be furnished The the

3

enforceability of arbitral awards rendered pursuant to the Convention are among the key provisions of that instrument and therefore States which have not yet done so are to notify the Centre of such designations as soon as DO~SIt)le

states have as of this date made such designations 3

Advance AcceDtcmce of the Jurisdiction of the Centre

An number of bilateral treaties for the protection and promotion of foreign

and also investment laws of host countries provide for the acceptance of the of the Centre as a means of settling disputes A list of such treaties and laws is set forth in Annex 44

To assist member and inshyvestors in setting up provisions for consent to conciliation and arbitration in such a way as to fulfill all necessary jurisdictional re-

of the the Centre n nltgtlr~ a set of model clauses for use

in international investment At the suggestion of one of the Contracting

an additional model clause is being drafted which could be used by parties to an investment agreement wishing to have complex technical questions resolved an vtiitpound~ arbitral

Tenth Annual Meetina of the Administration Council

The Tenth Annual Meeting of the Adminshyistrative Council was held in Manila Philip-

on October 7 1 in with the Annual Meeting of the Board of Governors of the World Bank At this meetshying the Council approved the Tenth Annual

on the operation of the Centre and for Fiscal Year 1977 The releshy

vant resolutions are reproduced in Annex 5

Disputes Submitted to the Centre The past year saw the termination of two

arbitration proceedings between bauxite and the Government of Jamaica

(the Alcoa and Kaiser and the tration of a new case the first one brought

on request

by a Government a private party the Government of Gabon instituted arbitrashytion proceedings against Societe a French o-nltgt1I1

The summary information provided below in the

six arbitration cases which were submitted to the Centre is Annex 6 which contains detailed data relating to past years as well as the present fiscal year

(1) InnsOccidental Petroleum vs Government of Morocco

In September 1976 the arbitrator apshypOinted by the Claimants and a successor was appointed in October Before the could make any progress

l~nnrlaf1 in Decemshy

ber 1976 upon the and deeply death of the Tribunals President

Sture Petren His successor his nomination in April 1977 and the reconshystituted Tribunal is to take up the

shortly after the close 0

fiscal year

(2) Adriano Gardella SpA vs Government of Ivory Coast

The Tribunal met several times during the fiscal year to hear witnesses and oral argushyment on the question of liability and for deliberations A decision is to be rendered in 1977

(3) Alcoa Minerals of 1~lm~i ~ Inc vs Government of Jamaica

On February 27 1977 the Arbitral Trishybunal issued a Procedural Order pursuant to Arbitration Rule 43(1) the disshycontinuance of the proceeding at the joint request of the

(4) Kaiser Bauxite Com~lanlY vs Government of Jamaica

On February 27 1977 the Arbitral Tri shybunal issued a Procedural pursuant to Arbitration Rule 44 noting the di tinuance of the at the requ the Claimant 4

(5) Reynolds Jamaica Mines Ltd and Reynolds Metals Company vs Government of Jamaica

On February 11 1977 the memorial on the merits from Reynolds was received by the Centre On February 27 1977 the Arbitral Tribunal issued a Procedural Order setting September 8 1977 as the time-limit for filing of a counter-memorial by the Govshyernment of Jamaica

(6) Government of Gabon vs

Societe SERETE SA

On June 7 1976 the Centre received a

request for arbitration from the Government

of Gabon The case was registered on

October 5 1976 and the Arbitral Tribunal

was constituted on February 28 1977

Neither party has taken any step in the proshy

ceedings The Centre has been informed

that the parties have reached an ag reement

but has not yet received a request for disshy

tinuance of the proceedings

Finance

The Financial Statement of the Centre for

Fiscal Year 1977 is set forth in Annex 7 The

expenditures of the Centre were again covshy

ered entirely by the value of the services

and facilities made available by the Bank free of charge pursuant to the Memorandum

of Administrative Arrangements concluded

between the Bank and the Centre in Februshyary 19676 and by income from the sale of publications Thus it was not necessary to assess any excess expenditures to the Conshytracting States pursuant to Article 17 of the Convention

The Centres expenses which are attributshyable to the pending arbitration proceedings are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordance with these Regshyulations the Secretary-General calls on the

parties from time to time to make advance deposits to defray the expenses of the proceedings

Publications

Annex 8 sets forth an addition to the bibliography of legal studies on the Convenshytion and the Centre presented in the previous Annual Reports A consolidated bibliography which includes publications containing the official texts of the Convenshytion and unofficial translations the I nstitushytion Conciliation and Arbitration Rules and books articles and reports concerning the Convention and the Centre is available from the Centre on request

Annex 9 gives a list of publications preshypared by the Centre and available for the most part free of charge

The Centre prepared this past year two new volumes for the loose-leaf service Investment Laws of the World-Developing Countries The laws of 43 countries have now been published (Afghanistan Benin Botswana Burundi Cameroon Central African Empire Chad Congo Egypt Gabon Ghana Greece Guyana Indonesia Ivory Coast Jamaica Jordan Kenya Korea Lesotho Liberia Madagascar Malaysia Mauritania Morocco Nepal Niger Nigeria Pakistan Senegal Singapore Somalia Sri Lanka Swaziland Taiwan Togo Trinidad and Tobago Tunisia Uganda Upper Volta Yugoslavia Zaire and Zambia)

The service is being published and sold commercially by Oceana Publications Inc of Dobbs Ferry New York It deals on a

country-by-country basis with internal law

and international agreements affecting forshy

eign investment and consists of a compilashy

tion of constitutional legislative regulatory

and treaty materials It is periodically upshy

dated and supplemented as necessary A

brochure concerning the service is available

from the publisher or the Centre on request

textof which is set forth in Annex 5 of the First Annual Report in relation to AC(IM)RES3 5

Annex 1

List of Contracting States and Other Signatories of the Convention (As of June 30 1977)

The 73 1 States listed below have signed the Convention on the dates indicated The names of the 67 States that have deposited instruments of ratification are capitalized and the dates of such deposit and of the attainment of the status of Contracting State by the entry into force of the Convention for each of them are also indicated

Deposit of Entry into Force State Signature Ratification of Convention

AFGHANISTAN Australia AUSTRIA BELGIUM BENIN PEOPLES REPUBLIC OF

BOTSWANA BURUNDI CAMEROON CENTRAL AFRICAN EMPIRE CHAD

CHINA CONGO PEOPLES REPUBLIC OF CYPRUS DENMARK EGYPT ARAB REPUBLIC OF

Ethiopia Fiji FINLAND FRANCE GABON

GAMBIA THE GERMANY GHANA GREECE GUINEA

GUYANA ICELAND INDONESIA Ireland ITALY

IVORY COAST JAMAICA JAPAN JORDAN KENYA

KOREA LESOTHO LIBERIA LUXEMBOURG MADAGASCAR

Sep 30 1966 Mar 241975 May171966 Dec 15 1965 Sep 10 1965

Jan 151970 Feb 171967 Sep 231965 Aug 261965 May 121966

Jan 13 1966 Dec 271965 Mar 91966 Oct 11 1965 Feb 11 1972

Sep 21 1965 Jul 11977 Jul141967 Dec 221965 Sep 21 1965

Oct 11974 Jan 271966 Nov 261965 Mar161966 Aug 271968

Jul 3 1969 Jul 25 1966 Feb 161968 Aug 30 1966 Nov 18 1965

Jun 30 1965 Jun 231965 Sep 23 1965 Jul 141972 May 241966

Apr 181966 Sep 19 1968 Sep 31965 Sep 28 1965 Jun 11966

Jun 251968

May 251971 Aug 27 1970 Sep 61966

Jan 151970 Nov 51969 Jan 31967 Feb 231966 Aug 29 1966

Dec 10 1968 Jun 23 1966 Nov 251966 Apr 241968 May 31972

Jan 91969 Aug 211967 Apr 41966

Dec 271974 Apr 181969 Jul 131966 Apr 211969 Nov 4 1968

Jul 111969 Jul 251966 Sep 281968

Mar 29 1971

Feb 161966 Sep 9 1966 Aug 171967 Oct 301972 Jan 31967

Feb 211967 Jul 8 1969 Jun 161970 Jul 301970 Sep 6 1966

Jul 251968

Jun 24 1971 Sep 261970 Oct 141966

Feb 14 1970 Dec 51969 Feb 21967 Oct 141966 Oct 141966

Jan 9 1969 Oct 141966 Dec 251966 May 241968 2

Jun 21deg

Feb 81969 Sep 201967 Oct 141966

Jan 261975 May 18 1969 3

Oct 141966 May211969 Dec 41968

Aug 101969 Oct 141966 Oct 281968

Apr 28 1971

Oct 141966 Oct 141966 Sep 16 1967 Nov291972 Feb 2 1967

Mar 231967 Aug 71969 Jul 161970 Aug 291970 Oct 141966

1 Includes Fiji which became a signatory State after June 30 1977 2 Denmark excluded by a notification received on May 15 1968 the Faroe Islands by a notificashytion received on October 30 1968 Denmark extended the application of the Convention to the Faroe Islands as of January 1 1969

3 Germany declared on depositing its instrument of ratification that the Convention would also6 apply to the Land Berlin

Deposit of Entry into Force State Signature Ratification of Convention

MALAWI Jun 91966 Aug 231966 MALAYSIA Oct 221965 Aug 81966 Mali Apr 9 1976 MAURITANIA Jul 301965 Jan 111966 MAURITIUS Jun 2 1969 Jun 21969

MOROCCO Oct 11 1965 May 111967 NEPAL Sep 281965 Jan 71969 NETHERLANDS May 251966 Sep 14 1966 New Zealand Sep 2 1970 NIGER Aug 231965 Nov 14 1966

NIGERIA Jul 131965 Aug 23 1965 NORWAY Jun 241966 Aug 16 1967 PAKISTAN Jul 61965 Sep 151966 ROMANIA Sep 61974 Sep 12 1975 ~I~EGAL Sep 261966 Apr 21 1967

RA LEONE Sep 271965 Aug 2 1966 SINGAPORE Feb 21968 Oct 141968 SOMALIA Sep 271965 Feb 291968 SRI LANKA Aug 30 1967 Oct 121967 SUDAN Mar151967 Apr 91973

SWAZILAND Nov 31970 Jun 14 1971 SWEDEN Sep 251965 Dec 291966 SWITZERLAND Sep 22 1967 May 151968 TOGO Jan 241966 Aug 111967 TRINIDAD AND TOBAGO Oct 5 1966 Jan 3 1967

TUNISIA May 51965 Jun 221966 UGANDA Jun 71966 Jun 71966 UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND May 261965 Dec 19 1966 UNITED STATES OF AMERICA Aug 27 1965 Jun 101966 UPPER VOLTA Sep 16 1965 Aug 29 1966

YUGOSLAVIA Mar 21 1967 Mar 211967 ZAIRE Oct 291968 Apr 291970 ZAMBIA Jun 171970 Jun 171970

4 Until Mauritius attained its independence on March 12 1968 it was covered by the ratification of the United Kingdom

s On depositing its instrument of ratification the Netherlands restricted the application of the Convention to the Kingdom in Europe by a notification received on May 22 1970 the Nethershylands withdrew that restriction and thus extended the application of the Convention to Surinam and the Netherlands Antilles Surinam having attained its independence on November 25 1975 the Convention ceased to be applicable to Surinam as of that date

6 Until SwaZiland attained its independence on September 6 1968 it was covered by the ratifishycation of the United Kingdom

-e United Kingdom has pursuant to Article 70 of the Convention excluded from its coverage following territories for whose international relations it is responsible Jersey bull Isle of

I bull Southern Rhodesia Brunei British Indian Ocean Territory Pitcairn Islands British Antarctic Territory Sovereign Base Areas of Cyprus New Hebrides

Oct 14 1966 Oct 14 1966

Oct 14 1966 Jul 21969 4

Jun 101967 Feb 61969 Oct 14 1966 s

Dec 141966

Oct 14 1966 Sep 151967 Oct 151966 Oct 12 1975 May 211967

Oct 14 1966 Nov131968 Mar 301968 Nov111967 May 91973

Jul 14 1971 6

Jan 281967 Jun 141968 Sep 10 1967 Feb 21967

Oct 141966 Oct 141966

Jan 181967 1

Oct 141966 Oct 141966

Apr 20 1967 May 291970 Jul 171970

7

Annex 2 Members of the Administrative Council and Officials of the Centre

(As of June 30 1977) Chairman of the Robert S McNamara ex officio as Administrative Council President International Bank for

Reconstruction and Development

Contracting State Representative I Alternate I

Afghanistan Said Abdul IIlah Zir Gul Austria Hannes Androsch Walter Neudorfer Belgium Gaston Geens 2 Cecil de Strycker Benin Peoples Republic of Francois Dossou Abou Baba-Moussa Botswana M D Mokama Q K J Masire Burundi Dominique Shiramanga Jean Ndimurukundo Cameroon Youssouffa Daouda Ahmadou Bello Central African Empire Jean Paul Mokodopo Joseph Moutou-Mondziaou Chad Ahmed Kerim Togoi Blayo Ngartando Ch ina W H Fei Chun-Heng Tu Congo Peoples Republic of Francois Bita DanielObela Cyprus Andreas C Patsalides A C Afxentiou Denmark K B Andersen Wilhelm Ulrichsen Egypt Arab Republic of A M Kaissouni Hamed EI-Sayeh Finland Esko Rekola Osmo Kalliala France Gabon Gambia The

Bernard Clappier Michel Anchouey Mohamadu Cadi Cham 2

Marcel Theron J Felix Mamalepot T G G Senghore

Germany Hans Apel Marie Schlei Ghana Anthony Kwesi Appiah 2 K Anane-Binfoh Greece Guinea Guyana

Panayiotis Papaligouras Momory Camara F E Hope

Evangelos Devletoglou Saikou Barry Harold E Wilkinson

Iceland Olafur Johannesson Matthias A Mathiesen Indonesia Rachmat Saleh Julianto Moeliodihardjo Italy Paolo Baffi Ferdinando Ventriglia Ivory Coast Henri Konan Bedie Kouame NDri Kpatchibo Jamaica David H Coore Richard Fletcher Japan Hideo Boh Teiichiro Morinaga Jordan Hanna Odeh Hashim Dabbas Kenya Mwai Kibaki Leonard O Kibinge Korea Yong Hwan Kim Sung Whan Kim Lesotho E R Sekhonyana A M Monyake Liberia James T Phillips Jr D Franklin Neal Luxembourg Jacques F Poos Raymond Kirsch Madagascar Rakotovao Razakaboana Rajaona Andriamananjara Malawi D T Matenje Alfred A Upindi Malaysia Mauritania

Tengku Razaleigh Hamzah Ibrahima A Ba

Tan Sri Dato Abduah bin Ayub

Mauritius Rabindrah Ghurburrun Bramduth Ghoorah Morocco Abdelkader Benslimane Mustapha Faris Nepal Bhekh B Thapa Narakant Adhikary Netherlands W F Duisenberg J P Pronk Niger Abderrahmane Alfidja Mahaman Annou Nigeria G U Osakwe Musa Bello Norway Per Kleppe Hallvard Bakke Pakistan Abdul Hafeez Pirzada A G N Kazi Romania Florea Dumitrescu Mihai Diamandopol Senegal Ousmane Seck Famara Ibrahima Sagna Sierra Leone A B Kamara B M Strasser-King Singapore Hon Sui Sen Howe Yoon Chong Somalia Abdurahman Nur Herzi Mohamud Jama Ahmed Sri Lanka Ronnie de Mel 2 Lal Jayawardena Sudan Nasr Eldin Mustafa Abdel Rahman Abdel Wahab Swaziland James Nxumalo V E Sikhondze Sweden Gosta Bohman Ola Ullsten Switzerland Raymond Probst Roger Grossenbacher Togo Koudjolou Dogo Akuete Eklu-Natey Trinidad and Tobago Eric Williams F Barsotti Tunisia Mustapha Zaanouni Rachid Sfar Uganda Brigadier Moses Ali Jino Geria United Kingdom Gordon Richardson Sir Douglas Wass United States of America Maxwell M Rabb Margaret C Scott Upper Volta Patrice Ouattara Pierre Tahita Yugoslavia Zaire

Momcilo Cemovic Bofossa wAmbea Nkoso

Miodrag Stojiljkovic Asal B Idzumbuir

Zambia John M Mwanakatwe Francis M Walusiku

Secretary-General A Broches

I Except for the persons indicated by an asterisk () the Representatives and Alternates named are respectively Governors or Alternate Governors of the Bank serving ex officio on the Adshyministrative Council pursuant to Article 4(2) of the Convention

2 Appointment effective after June 30 1977

8

Annex 3 List of the Members of the Panel of Conciliators and Arbitrators

(As of June 30 1977)

PART I Designating Authority Contracting State

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designation bullbull

AUSTRIA

C Dr Ladislaus BLASCHEK Jul Bundeskammer der gewerblichen Wirtschaft

C Dr Helmut HASCHEK Jul Chairman Board of Executive Directors

Oesterreichische Kontrollbank AG A Dr Demetre KALUSSIS Jul

Em Professor Wirtschaftsuniversitat C Dr Werner MELIS Jul

Director Austrian Federal Economic Chamber of Commerce

C Dr Wolfgang OEHLER Jul Chief Manager International Division

Oesterreichische Landerbank AG A Dr Philipp RIEGER Jul

Board of Directors Oesterreichische Nationalbank A Dr Nikolaus SCHMIDT-CHIARI Jul

Director Creditanstalt-Bankverein A Dr Fritz SCHOENHERR Jul

Professor University of Vienna

BELGIUM

A Baron H J N ANSIAUX Jun Gouverneur honoraire de la Banque Nationale de Belgique

C MPauIHFCALLEBAUT Dec President de la Societe Nationale de Credit a llndustrie

C M Andre DEQUAE Dec Ancien Ministre President de la Chambre des Representants

A M Franz DE VOGHEL Jun

President de Ilnstitut de Reescompte et de Garantie A M Robert P HENRION Jun

Professor dUniversite C M Maurits NAESSENS Dec

President honoraire de la Banque de Paris et des Pays-Bas Belgique

C Professeur F ROGIERS Jun Professeur a lUniversite de Gand

A Baron J VAN HOUTTE Jun Ministre dEtat et Ancien Premier Ministre

BENIN PEOPLES REPUBLIC OF

C M Antoine BOYA Nov Administrateur civil en retraite

C M Pierre A M FOURN Nov President honoraire de la Chambre de Commerce

et dindustrie du RPB A Me Louis IGNATIO-PINTO Nov

Juge a la Cour Internationale de Justice A M Idelphonse W LEMON Nov

bull C =Conciliator A = Arbitrator Except as otherwise indicated by a footnote each Panel Member Is a national of the Contracting State which designated him

bullbullbull Panel members whose terms have expired shall In accordance with Article 15(3) of the Conshyvention continue in office until their successors have been designated

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

6 1983

28 1978

28 1978

17 1983

6 1983

28 1978

17 1983

6 1983

30 1981

30 1981

30 1981

30 1981

9

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 2: HRnn - International Centre for Settlement of Investment ...

2

International Centre for Settlement of Investment Disputes

September 6 1977

Dear Mr Chairman

Pursuant to Administrative and Financial Regulation 4(4) I hereby submit to the Administrative Council for Its approval the Annual Reshyport on the operation of the International Centre for Settlement of Investment Disputes required by Article 6(1 )(g) of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States This Eleventh Annual Report covers the fiscal year July 1 1976 to June 301977

The report includes the audited financial statement of the Centre presented pursuant to Administrative and Financial Regulation 18

Sincerely yours

L A Broches

Secretary-General

Mr Robert S McNamara Chairman Administrative Council International Centre for Settlement of Investment Disputes

Introduction

the year under review interest in use of under the of the Centre continued to grow The Centre noted among other things the conclusion of additional bilateral between

for recourse to the Centre that might arise between one

of these States and nationals of the other Further to a of the o ~ middot

General at the Tenth Annual the Secretariat nltn~ oti

which are not within its as defined in Article 25

of the Convention The draft was circulated to the members of the Administrative Counshycil for comments which were received

the end of the fiscal year The orc)ceuroedincls nHir4 the Secreshy

tariat draft are conciliation and arbitration which do not meet all the reshy

1110 + of the for instance to and

Such proshythe

a

nonshyentities would be facilitated

the existence of institutional arrangeshyments in the form of rules and an adminshy

the created under a Convention whose broad aim is to foster for ecoshynomic

it both moral and

a clear mandate of strict which it has striven to carry out

A into account governshymental comments will be submitted to the Administrative Council for discussion at its Eleventh Annual aaT

51~~nClltulres and Ratifications

ments of ratification A tabulation States and other InnIt(Hitl~ of

the Convention appears in Annex 11

nA~inn~ltinr~ of Panel Members and Other Actions Taken States Pursuant to the Convention

The members of the Panel of Conciliators and of the Panel of Arbitrators are nated the States and the Chairman of the Administrative Council Pursuant to Article ) of the Convention

States may to each Panel four persons who may but need not be its nationals Pursuant to Article 1 the Chairman may ten persons to each Panel The persons so to a Panel by the Chairman shall each have a different The Panel of Concilishyators now contains 146 names and the Panel of Arbitrators 146 names2

Pursuant to Article of the Convenshytion each to

the ~

court or other author-to which requests for the and

enforcement of arbitral awards are to be furnished The the

3

enforceability of arbitral awards rendered pursuant to the Convention are among the key provisions of that instrument and therefore States which have not yet done so are to notify the Centre of such designations as soon as DO~SIt)le

states have as of this date made such designations 3

Advance AcceDtcmce of the Jurisdiction of the Centre

An number of bilateral treaties for the protection and promotion of foreign

and also investment laws of host countries provide for the acceptance of the of the Centre as a means of settling disputes A list of such treaties and laws is set forth in Annex 44

To assist member and inshyvestors in setting up provisions for consent to conciliation and arbitration in such a way as to fulfill all necessary jurisdictional re-

of the the Centre n nltgtlr~ a set of model clauses for use

in international investment At the suggestion of one of the Contracting

an additional model clause is being drafted which could be used by parties to an investment agreement wishing to have complex technical questions resolved an vtiitpound~ arbitral

Tenth Annual Meetina of the Administration Council

The Tenth Annual Meeting of the Adminshyistrative Council was held in Manila Philip-

on October 7 1 in with the Annual Meeting of the Board of Governors of the World Bank At this meetshying the Council approved the Tenth Annual

on the operation of the Centre and for Fiscal Year 1977 The releshy

vant resolutions are reproduced in Annex 5

Disputes Submitted to the Centre The past year saw the termination of two

arbitration proceedings between bauxite and the Government of Jamaica

(the Alcoa and Kaiser and the tration of a new case the first one brought

on request

by a Government a private party the Government of Gabon instituted arbitrashytion proceedings against Societe a French o-nltgt1I1

The summary information provided below in the

six arbitration cases which were submitted to the Centre is Annex 6 which contains detailed data relating to past years as well as the present fiscal year

(1) InnsOccidental Petroleum vs Government of Morocco

In September 1976 the arbitrator apshypOinted by the Claimants and a successor was appointed in October Before the could make any progress

l~nnrlaf1 in Decemshy

ber 1976 upon the and deeply death of the Tribunals President

Sture Petren His successor his nomination in April 1977 and the reconshystituted Tribunal is to take up the

shortly after the close 0

fiscal year

(2) Adriano Gardella SpA vs Government of Ivory Coast

The Tribunal met several times during the fiscal year to hear witnesses and oral argushyment on the question of liability and for deliberations A decision is to be rendered in 1977

(3) Alcoa Minerals of 1~lm~i ~ Inc vs Government of Jamaica

On February 27 1977 the Arbitral Trishybunal issued a Procedural Order pursuant to Arbitration Rule 43(1) the disshycontinuance of the proceeding at the joint request of the

(4) Kaiser Bauxite Com~lanlY vs Government of Jamaica

On February 27 1977 the Arbitral Tri shybunal issued a Procedural pursuant to Arbitration Rule 44 noting the di tinuance of the at the requ the Claimant 4

(5) Reynolds Jamaica Mines Ltd and Reynolds Metals Company vs Government of Jamaica

On February 11 1977 the memorial on the merits from Reynolds was received by the Centre On February 27 1977 the Arbitral Tribunal issued a Procedural Order setting September 8 1977 as the time-limit for filing of a counter-memorial by the Govshyernment of Jamaica

(6) Government of Gabon vs

Societe SERETE SA

On June 7 1976 the Centre received a

request for arbitration from the Government

of Gabon The case was registered on

October 5 1976 and the Arbitral Tribunal

was constituted on February 28 1977

Neither party has taken any step in the proshy

ceedings The Centre has been informed

that the parties have reached an ag reement

but has not yet received a request for disshy

tinuance of the proceedings

Finance

The Financial Statement of the Centre for

Fiscal Year 1977 is set forth in Annex 7 The

expenditures of the Centre were again covshy

ered entirely by the value of the services

and facilities made available by the Bank free of charge pursuant to the Memorandum

of Administrative Arrangements concluded

between the Bank and the Centre in Februshyary 19676 and by income from the sale of publications Thus it was not necessary to assess any excess expenditures to the Conshytracting States pursuant to Article 17 of the Convention

The Centres expenses which are attributshyable to the pending arbitration proceedings are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordance with these Regshyulations the Secretary-General calls on the

parties from time to time to make advance deposits to defray the expenses of the proceedings

Publications

Annex 8 sets forth an addition to the bibliography of legal studies on the Convenshytion and the Centre presented in the previous Annual Reports A consolidated bibliography which includes publications containing the official texts of the Convenshytion and unofficial translations the I nstitushytion Conciliation and Arbitration Rules and books articles and reports concerning the Convention and the Centre is available from the Centre on request

Annex 9 gives a list of publications preshypared by the Centre and available for the most part free of charge

The Centre prepared this past year two new volumes for the loose-leaf service Investment Laws of the World-Developing Countries The laws of 43 countries have now been published (Afghanistan Benin Botswana Burundi Cameroon Central African Empire Chad Congo Egypt Gabon Ghana Greece Guyana Indonesia Ivory Coast Jamaica Jordan Kenya Korea Lesotho Liberia Madagascar Malaysia Mauritania Morocco Nepal Niger Nigeria Pakistan Senegal Singapore Somalia Sri Lanka Swaziland Taiwan Togo Trinidad and Tobago Tunisia Uganda Upper Volta Yugoslavia Zaire and Zambia)

The service is being published and sold commercially by Oceana Publications Inc of Dobbs Ferry New York It deals on a

country-by-country basis with internal law

and international agreements affecting forshy

eign investment and consists of a compilashy

tion of constitutional legislative regulatory

and treaty materials It is periodically upshy

dated and supplemented as necessary A

brochure concerning the service is available

from the publisher or the Centre on request

textof which is set forth in Annex 5 of the First Annual Report in relation to AC(IM)RES3 5

Annex 1

List of Contracting States and Other Signatories of the Convention (As of June 30 1977)

The 73 1 States listed below have signed the Convention on the dates indicated The names of the 67 States that have deposited instruments of ratification are capitalized and the dates of such deposit and of the attainment of the status of Contracting State by the entry into force of the Convention for each of them are also indicated

Deposit of Entry into Force State Signature Ratification of Convention

AFGHANISTAN Australia AUSTRIA BELGIUM BENIN PEOPLES REPUBLIC OF

BOTSWANA BURUNDI CAMEROON CENTRAL AFRICAN EMPIRE CHAD

CHINA CONGO PEOPLES REPUBLIC OF CYPRUS DENMARK EGYPT ARAB REPUBLIC OF

Ethiopia Fiji FINLAND FRANCE GABON

GAMBIA THE GERMANY GHANA GREECE GUINEA

GUYANA ICELAND INDONESIA Ireland ITALY

IVORY COAST JAMAICA JAPAN JORDAN KENYA

KOREA LESOTHO LIBERIA LUXEMBOURG MADAGASCAR

Sep 30 1966 Mar 241975 May171966 Dec 15 1965 Sep 10 1965

Jan 151970 Feb 171967 Sep 231965 Aug 261965 May 121966

Jan 13 1966 Dec 271965 Mar 91966 Oct 11 1965 Feb 11 1972

Sep 21 1965 Jul 11977 Jul141967 Dec 221965 Sep 21 1965

Oct 11974 Jan 271966 Nov 261965 Mar161966 Aug 271968

Jul 3 1969 Jul 25 1966 Feb 161968 Aug 30 1966 Nov 18 1965

Jun 30 1965 Jun 231965 Sep 23 1965 Jul 141972 May 241966

Apr 181966 Sep 19 1968 Sep 31965 Sep 28 1965 Jun 11966

Jun 251968

May 251971 Aug 27 1970 Sep 61966

Jan 151970 Nov 51969 Jan 31967 Feb 231966 Aug 29 1966

Dec 10 1968 Jun 23 1966 Nov 251966 Apr 241968 May 31972

Jan 91969 Aug 211967 Apr 41966

Dec 271974 Apr 181969 Jul 131966 Apr 211969 Nov 4 1968

Jul 111969 Jul 251966 Sep 281968

Mar 29 1971

Feb 161966 Sep 9 1966 Aug 171967 Oct 301972 Jan 31967

Feb 211967 Jul 8 1969 Jun 161970 Jul 301970 Sep 6 1966

Jul 251968

Jun 24 1971 Sep 261970 Oct 141966

Feb 14 1970 Dec 51969 Feb 21967 Oct 141966 Oct 141966

Jan 9 1969 Oct 141966 Dec 251966 May 241968 2

Jun 21deg

Feb 81969 Sep 201967 Oct 141966

Jan 261975 May 18 1969 3

Oct 141966 May211969 Dec 41968

Aug 101969 Oct 141966 Oct 281968

Apr 28 1971

Oct 141966 Oct 141966 Sep 16 1967 Nov291972 Feb 2 1967

Mar 231967 Aug 71969 Jul 161970 Aug 291970 Oct 141966

1 Includes Fiji which became a signatory State after June 30 1977 2 Denmark excluded by a notification received on May 15 1968 the Faroe Islands by a notificashytion received on October 30 1968 Denmark extended the application of the Convention to the Faroe Islands as of January 1 1969

3 Germany declared on depositing its instrument of ratification that the Convention would also6 apply to the Land Berlin

Deposit of Entry into Force State Signature Ratification of Convention

MALAWI Jun 91966 Aug 231966 MALAYSIA Oct 221965 Aug 81966 Mali Apr 9 1976 MAURITANIA Jul 301965 Jan 111966 MAURITIUS Jun 2 1969 Jun 21969

MOROCCO Oct 11 1965 May 111967 NEPAL Sep 281965 Jan 71969 NETHERLANDS May 251966 Sep 14 1966 New Zealand Sep 2 1970 NIGER Aug 231965 Nov 14 1966

NIGERIA Jul 131965 Aug 23 1965 NORWAY Jun 241966 Aug 16 1967 PAKISTAN Jul 61965 Sep 151966 ROMANIA Sep 61974 Sep 12 1975 ~I~EGAL Sep 261966 Apr 21 1967

RA LEONE Sep 271965 Aug 2 1966 SINGAPORE Feb 21968 Oct 141968 SOMALIA Sep 271965 Feb 291968 SRI LANKA Aug 30 1967 Oct 121967 SUDAN Mar151967 Apr 91973

SWAZILAND Nov 31970 Jun 14 1971 SWEDEN Sep 251965 Dec 291966 SWITZERLAND Sep 22 1967 May 151968 TOGO Jan 241966 Aug 111967 TRINIDAD AND TOBAGO Oct 5 1966 Jan 3 1967

TUNISIA May 51965 Jun 221966 UGANDA Jun 71966 Jun 71966 UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND May 261965 Dec 19 1966 UNITED STATES OF AMERICA Aug 27 1965 Jun 101966 UPPER VOLTA Sep 16 1965 Aug 29 1966

YUGOSLAVIA Mar 21 1967 Mar 211967 ZAIRE Oct 291968 Apr 291970 ZAMBIA Jun 171970 Jun 171970

4 Until Mauritius attained its independence on March 12 1968 it was covered by the ratification of the United Kingdom

s On depositing its instrument of ratification the Netherlands restricted the application of the Convention to the Kingdom in Europe by a notification received on May 22 1970 the Nethershylands withdrew that restriction and thus extended the application of the Convention to Surinam and the Netherlands Antilles Surinam having attained its independence on November 25 1975 the Convention ceased to be applicable to Surinam as of that date

6 Until SwaZiland attained its independence on September 6 1968 it was covered by the ratifishycation of the United Kingdom

-e United Kingdom has pursuant to Article 70 of the Convention excluded from its coverage following territories for whose international relations it is responsible Jersey bull Isle of

I bull Southern Rhodesia Brunei British Indian Ocean Territory Pitcairn Islands British Antarctic Territory Sovereign Base Areas of Cyprus New Hebrides

Oct 14 1966 Oct 14 1966

Oct 14 1966 Jul 21969 4

Jun 101967 Feb 61969 Oct 14 1966 s

Dec 141966

Oct 14 1966 Sep 151967 Oct 151966 Oct 12 1975 May 211967

Oct 14 1966 Nov131968 Mar 301968 Nov111967 May 91973

Jul 14 1971 6

Jan 281967 Jun 141968 Sep 10 1967 Feb 21967

Oct 141966 Oct 141966

Jan 181967 1

Oct 141966 Oct 141966

Apr 20 1967 May 291970 Jul 171970

7

Annex 2 Members of the Administrative Council and Officials of the Centre

(As of June 30 1977) Chairman of the Robert S McNamara ex officio as Administrative Council President International Bank for

Reconstruction and Development

Contracting State Representative I Alternate I

Afghanistan Said Abdul IIlah Zir Gul Austria Hannes Androsch Walter Neudorfer Belgium Gaston Geens 2 Cecil de Strycker Benin Peoples Republic of Francois Dossou Abou Baba-Moussa Botswana M D Mokama Q K J Masire Burundi Dominique Shiramanga Jean Ndimurukundo Cameroon Youssouffa Daouda Ahmadou Bello Central African Empire Jean Paul Mokodopo Joseph Moutou-Mondziaou Chad Ahmed Kerim Togoi Blayo Ngartando Ch ina W H Fei Chun-Heng Tu Congo Peoples Republic of Francois Bita DanielObela Cyprus Andreas C Patsalides A C Afxentiou Denmark K B Andersen Wilhelm Ulrichsen Egypt Arab Republic of A M Kaissouni Hamed EI-Sayeh Finland Esko Rekola Osmo Kalliala France Gabon Gambia The

Bernard Clappier Michel Anchouey Mohamadu Cadi Cham 2

Marcel Theron J Felix Mamalepot T G G Senghore

Germany Hans Apel Marie Schlei Ghana Anthony Kwesi Appiah 2 K Anane-Binfoh Greece Guinea Guyana

Panayiotis Papaligouras Momory Camara F E Hope

Evangelos Devletoglou Saikou Barry Harold E Wilkinson

Iceland Olafur Johannesson Matthias A Mathiesen Indonesia Rachmat Saleh Julianto Moeliodihardjo Italy Paolo Baffi Ferdinando Ventriglia Ivory Coast Henri Konan Bedie Kouame NDri Kpatchibo Jamaica David H Coore Richard Fletcher Japan Hideo Boh Teiichiro Morinaga Jordan Hanna Odeh Hashim Dabbas Kenya Mwai Kibaki Leonard O Kibinge Korea Yong Hwan Kim Sung Whan Kim Lesotho E R Sekhonyana A M Monyake Liberia James T Phillips Jr D Franklin Neal Luxembourg Jacques F Poos Raymond Kirsch Madagascar Rakotovao Razakaboana Rajaona Andriamananjara Malawi D T Matenje Alfred A Upindi Malaysia Mauritania

Tengku Razaleigh Hamzah Ibrahima A Ba

Tan Sri Dato Abduah bin Ayub

Mauritius Rabindrah Ghurburrun Bramduth Ghoorah Morocco Abdelkader Benslimane Mustapha Faris Nepal Bhekh B Thapa Narakant Adhikary Netherlands W F Duisenberg J P Pronk Niger Abderrahmane Alfidja Mahaman Annou Nigeria G U Osakwe Musa Bello Norway Per Kleppe Hallvard Bakke Pakistan Abdul Hafeez Pirzada A G N Kazi Romania Florea Dumitrescu Mihai Diamandopol Senegal Ousmane Seck Famara Ibrahima Sagna Sierra Leone A B Kamara B M Strasser-King Singapore Hon Sui Sen Howe Yoon Chong Somalia Abdurahman Nur Herzi Mohamud Jama Ahmed Sri Lanka Ronnie de Mel 2 Lal Jayawardena Sudan Nasr Eldin Mustafa Abdel Rahman Abdel Wahab Swaziland James Nxumalo V E Sikhondze Sweden Gosta Bohman Ola Ullsten Switzerland Raymond Probst Roger Grossenbacher Togo Koudjolou Dogo Akuete Eklu-Natey Trinidad and Tobago Eric Williams F Barsotti Tunisia Mustapha Zaanouni Rachid Sfar Uganda Brigadier Moses Ali Jino Geria United Kingdom Gordon Richardson Sir Douglas Wass United States of America Maxwell M Rabb Margaret C Scott Upper Volta Patrice Ouattara Pierre Tahita Yugoslavia Zaire

Momcilo Cemovic Bofossa wAmbea Nkoso

Miodrag Stojiljkovic Asal B Idzumbuir

Zambia John M Mwanakatwe Francis M Walusiku

Secretary-General A Broches

I Except for the persons indicated by an asterisk () the Representatives and Alternates named are respectively Governors or Alternate Governors of the Bank serving ex officio on the Adshyministrative Council pursuant to Article 4(2) of the Convention

2 Appointment effective after June 30 1977

8

Annex 3 List of the Members of the Panel of Conciliators and Arbitrators

(As of June 30 1977)

PART I Designating Authority Contracting State

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designation bullbull

AUSTRIA

C Dr Ladislaus BLASCHEK Jul Bundeskammer der gewerblichen Wirtschaft

C Dr Helmut HASCHEK Jul Chairman Board of Executive Directors

Oesterreichische Kontrollbank AG A Dr Demetre KALUSSIS Jul

Em Professor Wirtschaftsuniversitat C Dr Werner MELIS Jul

Director Austrian Federal Economic Chamber of Commerce

C Dr Wolfgang OEHLER Jul Chief Manager International Division

Oesterreichische Landerbank AG A Dr Philipp RIEGER Jul

Board of Directors Oesterreichische Nationalbank A Dr Nikolaus SCHMIDT-CHIARI Jul

Director Creditanstalt-Bankverein A Dr Fritz SCHOENHERR Jul

Professor University of Vienna

BELGIUM

A Baron H J N ANSIAUX Jun Gouverneur honoraire de la Banque Nationale de Belgique

C MPauIHFCALLEBAUT Dec President de la Societe Nationale de Credit a llndustrie

C M Andre DEQUAE Dec Ancien Ministre President de la Chambre des Representants

A M Franz DE VOGHEL Jun

President de Ilnstitut de Reescompte et de Garantie A M Robert P HENRION Jun

Professor dUniversite C M Maurits NAESSENS Dec

President honoraire de la Banque de Paris et des Pays-Bas Belgique

C Professeur F ROGIERS Jun Professeur a lUniversite de Gand

A Baron J VAN HOUTTE Jun Ministre dEtat et Ancien Premier Ministre

BENIN PEOPLES REPUBLIC OF

C M Antoine BOYA Nov Administrateur civil en retraite

C M Pierre A M FOURN Nov President honoraire de la Chambre de Commerce

et dindustrie du RPB A Me Louis IGNATIO-PINTO Nov

Juge a la Cour Internationale de Justice A M Idelphonse W LEMON Nov

bull C =Conciliator A = Arbitrator Except as otherwise indicated by a footnote each Panel Member Is a national of the Contracting State which designated him

bullbullbull Panel members whose terms have expired shall In accordance with Article 15(3) of the Conshyvention continue in office until their successors have been designated

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

6 1983

28 1978

28 1978

17 1983

6 1983

28 1978

17 1983

6 1983

30 1981

30 1981

30 1981

30 1981

9

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 3: HRnn - International Centre for Settlement of Investment ...

Introduction

the year under review interest in use of under the of the Centre continued to grow The Centre noted among other things the conclusion of additional bilateral between

for recourse to the Centre that might arise between one

of these States and nationals of the other Further to a of the o ~ middot

General at the Tenth Annual the Secretariat nltn~ oti

which are not within its as defined in Article 25

of the Convention The draft was circulated to the members of the Administrative Counshycil for comments which were received

the end of the fiscal year The orc)ceuroedincls nHir4 the Secreshy

tariat draft are conciliation and arbitration which do not meet all the reshy

1110 + of the for instance to and

Such proshythe

a

nonshyentities would be facilitated

the existence of institutional arrangeshyments in the form of rules and an adminshy

the created under a Convention whose broad aim is to foster for ecoshynomic

it both moral and

a clear mandate of strict which it has striven to carry out

A into account governshymental comments will be submitted to the Administrative Council for discussion at its Eleventh Annual aaT

51~~nClltulres and Ratifications

ments of ratification A tabulation States and other InnIt(Hitl~ of

the Convention appears in Annex 11

nA~inn~ltinr~ of Panel Members and Other Actions Taken States Pursuant to the Convention

The members of the Panel of Conciliators and of the Panel of Arbitrators are nated the States and the Chairman of the Administrative Council Pursuant to Article ) of the Convention

States may to each Panel four persons who may but need not be its nationals Pursuant to Article 1 the Chairman may ten persons to each Panel The persons so to a Panel by the Chairman shall each have a different The Panel of Concilishyators now contains 146 names and the Panel of Arbitrators 146 names2

Pursuant to Article of the Convenshytion each to

the ~

court or other author-to which requests for the and

enforcement of arbitral awards are to be furnished The the

3

enforceability of arbitral awards rendered pursuant to the Convention are among the key provisions of that instrument and therefore States which have not yet done so are to notify the Centre of such designations as soon as DO~SIt)le

states have as of this date made such designations 3

Advance AcceDtcmce of the Jurisdiction of the Centre

An number of bilateral treaties for the protection and promotion of foreign

and also investment laws of host countries provide for the acceptance of the of the Centre as a means of settling disputes A list of such treaties and laws is set forth in Annex 44

To assist member and inshyvestors in setting up provisions for consent to conciliation and arbitration in such a way as to fulfill all necessary jurisdictional re-

of the the Centre n nltgtlr~ a set of model clauses for use

in international investment At the suggestion of one of the Contracting

an additional model clause is being drafted which could be used by parties to an investment agreement wishing to have complex technical questions resolved an vtiitpound~ arbitral

Tenth Annual Meetina of the Administration Council

The Tenth Annual Meeting of the Adminshyistrative Council was held in Manila Philip-

on October 7 1 in with the Annual Meeting of the Board of Governors of the World Bank At this meetshying the Council approved the Tenth Annual

on the operation of the Centre and for Fiscal Year 1977 The releshy

vant resolutions are reproduced in Annex 5

Disputes Submitted to the Centre The past year saw the termination of two

arbitration proceedings between bauxite and the Government of Jamaica

(the Alcoa and Kaiser and the tration of a new case the first one brought

on request

by a Government a private party the Government of Gabon instituted arbitrashytion proceedings against Societe a French o-nltgt1I1

The summary information provided below in the

six arbitration cases which were submitted to the Centre is Annex 6 which contains detailed data relating to past years as well as the present fiscal year

(1) InnsOccidental Petroleum vs Government of Morocco

In September 1976 the arbitrator apshypOinted by the Claimants and a successor was appointed in October Before the could make any progress

l~nnrlaf1 in Decemshy

ber 1976 upon the and deeply death of the Tribunals President

Sture Petren His successor his nomination in April 1977 and the reconshystituted Tribunal is to take up the

shortly after the close 0

fiscal year

(2) Adriano Gardella SpA vs Government of Ivory Coast

The Tribunal met several times during the fiscal year to hear witnesses and oral argushyment on the question of liability and for deliberations A decision is to be rendered in 1977

(3) Alcoa Minerals of 1~lm~i ~ Inc vs Government of Jamaica

On February 27 1977 the Arbitral Trishybunal issued a Procedural Order pursuant to Arbitration Rule 43(1) the disshycontinuance of the proceeding at the joint request of the

(4) Kaiser Bauxite Com~lanlY vs Government of Jamaica

On February 27 1977 the Arbitral Tri shybunal issued a Procedural pursuant to Arbitration Rule 44 noting the di tinuance of the at the requ the Claimant 4

(5) Reynolds Jamaica Mines Ltd and Reynolds Metals Company vs Government of Jamaica

On February 11 1977 the memorial on the merits from Reynolds was received by the Centre On February 27 1977 the Arbitral Tribunal issued a Procedural Order setting September 8 1977 as the time-limit for filing of a counter-memorial by the Govshyernment of Jamaica

(6) Government of Gabon vs

Societe SERETE SA

On June 7 1976 the Centre received a

request for arbitration from the Government

of Gabon The case was registered on

October 5 1976 and the Arbitral Tribunal

was constituted on February 28 1977

Neither party has taken any step in the proshy

ceedings The Centre has been informed

that the parties have reached an ag reement

but has not yet received a request for disshy

tinuance of the proceedings

Finance

The Financial Statement of the Centre for

Fiscal Year 1977 is set forth in Annex 7 The

expenditures of the Centre were again covshy

ered entirely by the value of the services

and facilities made available by the Bank free of charge pursuant to the Memorandum

of Administrative Arrangements concluded

between the Bank and the Centre in Februshyary 19676 and by income from the sale of publications Thus it was not necessary to assess any excess expenditures to the Conshytracting States pursuant to Article 17 of the Convention

The Centres expenses which are attributshyable to the pending arbitration proceedings are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordance with these Regshyulations the Secretary-General calls on the

parties from time to time to make advance deposits to defray the expenses of the proceedings

Publications

Annex 8 sets forth an addition to the bibliography of legal studies on the Convenshytion and the Centre presented in the previous Annual Reports A consolidated bibliography which includes publications containing the official texts of the Convenshytion and unofficial translations the I nstitushytion Conciliation and Arbitration Rules and books articles and reports concerning the Convention and the Centre is available from the Centre on request

Annex 9 gives a list of publications preshypared by the Centre and available for the most part free of charge

The Centre prepared this past year two new volumes for the loose-leaf service Investment Laws of the World-Developing Countries The laws of 43 countries have now been published (Afghanistan Benin Botswana Burundi Cameroon Central African Empire Chad Congo Egypt Gabon Ghana Greece Guyana Indonesia Ivory Coast Jamaica Jordan Kenya Korea Lesotho Liberia Madagascar Malaysia Mauritania Morocco Nepal Niger Nigeria Pakistan Senegal Singapore Somalia Sri Lanka Swaziland Taiwan Togo Trinidad and Tobago Tunisia Uganda Upper Volta Yugoslavia Zaire and Zambia)

The service is being published and sold commercially by Oceana Publications Inc of Dobbs Ferry New York It deals on a

country-by-country basis with internal law

and international agreements affecting forshy

eign investment and consists of a compilashy

tion of constitutional legislative regulatory

and treaty materials It is periodically upshy

dated and supplemented as necessary A

brochure concerning the service is available

from the publisher or the Centre on request

textof which is set forth in Annex 5 of the First Annual Report in relation to AC(IM)RES3 5

Annex 1

List of Contracting States and Other Signatories of the Convention (As of June 30 1977)

The 73 1 States listed below have signed the Convention on the dates indicated The names of the 67 States that have deposited instruments of ratification are capitalized and the dates of such deposit and of the attainment of the status of Contracting State by the entry into force of the Convention for each of them are also indicated

Deposit of Entry into Force State Signature Ratification of Convention

AFGHANISTAN Australia AUSTRIA BELGIUM BENIN PEOPLES REPUBLIC OF

BOTSWANA BURUNDI CAMEROON CENTRAL AFRICAN EMPIRE CHAD

CHINA CONGO PEOPLES REPUBLIC OF CYPRUS DENMARK EGYPT ARAB REPUBLIC OF

Ethiopia Fiji FINLAND FRANCE GABON

GAMBIA THE GERMANY GHANA GREECE GUINEA

GUYANA ICELAND INDONESIA Ireland ITALY

IVORY COAST JAMAICA JAPAN JORDAN KENYA

KOREA LESOTHO LIBERIA LUXEMBOURG MADAGASCAR

Sep 30 1966 Mar 241975 May171966 Dec 15 1965 Sep 10 1965

Jan 151970 Feb 171967 Sep 231965 Aug 261965 May 121966

Jan 13 1966 Dec 271965 Mar 91966 Oct 11 1965 Feb 11 1972

Sep 21 1965 Jul 11977 Jul141967 Dec 221965 Sep 21 1965

Oct 11974 Jan 271966 Nov 261965 Mar161966 Aug 271968

Jul 3 1969 Jul 25 1966 Feb 161968 Aug 30 1966 Nov 18 1965

Jun 30 1965 Jun 231965 Sep 23 1965 Jul 141972 May 241966

Apr 181966 Sep 19 1968 Sep 31965 Sep 28 1965 Jun 11966

Jun 251968

May 251971 Aug 27 1970 Sep 61966

Jan 151970 Nov 51969 Jan 31967 Feb 231966 Aug 29 1966

Dec 10 1968 Jun 23 1966 Nov 251966 Apr 241968 May 31972

Jan 91969 Aug 211967 Apr 41966

Dec 271974 Apr 181969 Jul 131966 Apr 211969 Nov 4 1968

Jul 111969 Jul 251966 Sep 281968

Mar 29 1971

Feb 161966 Sep 9 1966 Aug 171967 Oct 301972 Jan 31967

Feb 211967 Jul 8 1969 Jun 161970 Jul 301970 Sep 6 1966

Jul 251968

Jun 24 1971 Sep 261970 Oct 141966

Feb 14 1970 Dec 51969 Feb 21967 Oct 141966 Oct 141966

Jan 9 1969 Oct 141966 Dec 251966 May 241968 2

Jun 21deg

Feb 81969 Sep 201967 Oct 141966

Jan 261975 May 18 1969 3

Oct 141966 May211969 Dec 41968

Aug 101969 Oct 141966 Oct 281968

Apr 28 1971

Oct 141966 Oct 141966 Sep 16 1967 Nov291972 Feb 2 1967

Mar 231967 Aug 71969 Jul 161970 Aug 291970 Oct 141966

1 Includes Fiji which became a signatory State after June 30 1977 2 Denmark excluded by a notification received on May 15 1968 the Faroe Islands by a notificashytion received on October 30 1968 Denmark extended the application of the Convention to the Faroe Islands as of January 1 1969

3 Germany declared on depositing its instrument of ratification that the Convention would also6 apply to the Land Berlin

Deposit of Entry into Force State Signature Ratification of Convention

MALAWI Jun 91966 Aug 231966 MALAYSIA Oct 221965 Aug 81966 Mali Apr 9 1976 MAURITANIA Jul 301965 Jan 111966 MAURITIUS Jun 2 1969 Jun 21969

MOROCCO Oct 11 1965 May 111967 NEPAL Sep 281965 Jan 71969 NETHERLANDS May 251966 Sep 14 1966 New Zealand Sep 2 1970 NIGER Aug 231965 Nov 14 1966

NIGERIA Jul 131965 Aug 23 1965 NORWAY Jun 241966 Aug 16 1967 PAKISTAN Jul 61965 Sep 151966 ROMANIA Sep 61974 Sep 12 1975 ~I~EGAL Sep 261966 Apr 21 1967

RA LEONE Sep 271965 Aug 2 1966 SINGAPORE Feb 21968 Oct 141968 SOMALIA Sep 271965 Feb 291968 SRI LANKA Aug 30 1967 Oct 121967 SUDAN Mar151967 Apr 91973

SWAZILAND Nov 31970 Jun 14 1971 SWEDEN Sep 251965 Dec 291966 SWITZERLAND Sep 22 1967 May 151968 TOGO Jan 241966 Aug 111967 TRINIDAD AND TOBAGO Oct 5 1966 Jan 3 1967

TUNISIA May 51965 Jun 221966 UGANDA Jun 71966 Jun 71966 UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND May 261965 Dec 19 1966 UNITED STATES OF AMERICA Aug 27 1965 Jun 101966 UPPER VOLTA Sep 16 1965 Aug 29 1966

YUGOSLAVIA Mar 21 1967 Mar 211967 ZAIRE Oct 291968 Apr 291970 ZAMBIA Jun 171970 Jun 171970

4 Until Mauritius attained its independence on March 12 1968 it was covered by the ratification of the United Kingdom

s On depositing its instrument of ratification the Netherlands restricted the application of the Convention to the Kingdom in Europe by a notification received on May 22 1970 the Nethershylands withdrew that restriction and thus extended the application of the Convention to Surinam and the Netherlands Antilles Surinam having attained its independence on November 25 1975 the Convention ceased to be applicable to Surinam as of that date

6 Until SwaZiland attained its independence on September 6 1968 it was covered by the ratifishycation of the United Kingdom

-e United Kingdom has pursuant to Article 70 of the Convention excluded from its coverage following territories for whose international relations it is responsible Jersey bull Isle of

I bull Southern Rhodesia Brunei British Indian Ocean Territory Pitcairn Islands British Antarctic Territory Sovereign Base Areas of Cyprus New Hebrides

Oct 14 1966 Oct 14 1966

Oct 14 1966 Jul 21969 4

Jun 101967 Feb 61969 Oct 14 1966 s

Dec 141966

Oct 14 1966 Sep 151967 Oct 151966 Oct 12 1975 May 211967

Oct 14 1966 Nov131968 Mar 301968 Nov111967 May 91973

Jul 14 1971 6

Jan 281967 Jun 141968 Sep 10 1967 Feb 21967

Oct 141966 Oct 141966

Jan 181967 1

Oct 141966 Oct 141966

Apr 20 1967 May 291970 Jul 171970

7

Annex 2 Members of the Administrative Council and Officials of the Centre

(As of June 30 1977) Chairman of the Robert S McNamara ex officio as Administrative Council President International Bank for

Reconstruction and Development

Contracting State Representative I Alternate I

Afghanistan Said Abdul IIlah Zir Gul Austria Hannes Androsch Walter Neudorfer Belgium Gaston Geens 2 Cecil de Strycker Benin Peoples Republic of Francois Dossou Abou Baba-Moussa Botswana M D Mokama Q K J Masire Burundi Dominique Shiramanga Jean Ndimurukundo Cameroon Youssouffa Daouda Ahmadou Bello Central African Empire Jean Paul Mokodopo Joseph Moutou-Mondziaou Chad Ahmed Kerim Togoi Blayo Ngartando Ch ina W H Fei Chun-Heng Tu Congo Peoples Republic of Francois Bita DanielObela Cyprus Andreas C Patsalides A C Afxentiou Denmark K B Andersen Wilhelm Ulrichsen Egypt Arab Republic of A M Kaissouni Hamed EI-Sayeh Finland Esko Rekola Osmo Kalliala France Gabon Gambia The

Bernard Clappier Michel Anchouey Mohamadu Cadi Cham 2

Marcel Theron J Felix Mamalepot T G G Senghore

Germany Hans Apel Marie Schlei Ghana Anthony Kwesi Appiah 2 K Anane-Binfoh Greece Guinea Guyana

Panayiotis Papaligouras Momory Camara F E Hope

Evangelos Devletoglou Saikou Barry Harold E Wilkinson

Iceland Olafur Johannesson Matthias A Mathiesen Indonesia Rachmat Saleh Julianto Moeliodihardjo Italy Paolo Baffi Ferdinando Ventriglia Ivory Coast Henri Konan Bedie Kouame NDri Kpatchibo Jamaica David H Coore Richard Fletcher Japan Hideo Boh Teiichiro Morinaga Jordan Hanna Odeh Hashim Dabbas Kenya Mwai Kibaki Leonard O Kibinge Korea Yong Hwan Kim Sung Whan Kim Lesotho E R Sekhonyana A M Monyake Liberia James T Phillips Jr D Franklin Neal Luxembourg Jacques F Poos Raymond Kirsch Madagascar Rakotovao Razakaboana Rajaona Andriamananjara Malawi D T Matenje Alfred A Upindi Malaysia Mauritania

Tengku Razaleigh Hamzah Ibrahima A Ba

Tan Sri Dato Abduah bin Ayub

Mauritius Rabindrah Ghurburrun Bramduth Ghoorah Morocco Abdelkader Benslimane Mustapha Faris Nepal Bhekh B Thapa Narakant Adhikary Netherlands W F Duisenberg J P Pronk Niger Abderrahmane Alfidja Mahaman Annou Nigeria G U Osakwe Musa Bello Norway Per Kleppe Hallvard Bakke Pakistan Abdul Hafeez Pirzada A G N Kazi Romania Florea Dumitrescu Mihai Diamandopol Senegal Ousmane Seck Famara Ibrahima Sagna Sierra Leone A B Kamara B M Strasser-King Singapore Hon Sui Sen Howe Yoon Chong Somalia Abdurahman Nur Herzi Mohamud Jama Ahmed Sri Lanka Ronnie de Mel 2 Lal Jayawardena Sudan Nasr Eldin Mustafa Abdel Rahman Abdel Wahab Swaziland James Nxumalo V E Sikhondze Sweden Gosta Bohman Ola Ullsten Switzerland Raymond Probst Roger Grossenbacher Togo Koudjolou Dogo Akuete Eklu-Natey Trinidad and Tobago Eric Williams F Barsotti Tunisia Mustapha Zaanouni Rachid Sfar Uganda Brigadier Moses Ali Jino Geria United Kingdom Gordon Richardson Sir Douglas Wass United States of America Maxwell M Rabb Margaret C Scott Upper Volta Patrice Ouattara Pierre Tahita Yugoslavia Zaire

Momcilo Cemovic Bofossa wAmbea Nkoso

Miodrag Stojiljkovic Asal B Idzumbuir

Zambia John M Mwanakatwe Francis M Walusiku

Secretary-General A Broches

I Except for the persons indicated by an asterisk () the Representatives and Alternates named are respectively Governors or Alternate Governors of the Bank serving ex officio on the Adshyministrative Council pursuant to Article 4(2) of the Convention

2 Appointment effective after June 30 1977

8

Annex 3 List of the Members of the Panel of Conciliators and Arbitrators

(As of June 30 1977)

PART I Designating Authority Contracting State

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designation bullbull

AUSTRIA

C Dr Ladislaus BLASCHEK Jul Bundeskammer der gewerblichen Wirtschaft

C Dr Helmut HASCHEK Jul Chairman Board of Executive Directors

Oesterreichische Kontrollbank AG A Dr Demetre KALUSSIS Jul

Em Professor Wirtschaftsuniversitat C Dr Werner MELIS Jul

Director Austrian Federal Economic Chamber of Commerce

C Dr Wolfgang OEHLER Jul Chief Manager International Division

Oesterreichische Landerbank AG A Dr Philipp RIEGER Jul

Board of Directors Oesterreichische Nationalbank A Dr Nikolaus SCHMIDT-CHIARI Jul

Director Creditanstalt-Bankverein A Dr Fritz SCHOENHERR Jul

Professor University of Vienna

BELGIUM

A Baron H J N ANSIAUX Jun Gouverneur honoraire de la Banque Nationale de Belgique

C MPauIHFCALLEBAUT Dec President de la Societe Nationale de Credit a llndustrie

C M Andre DEQUAE Dec Ancien Ministre President de la Chambre des Representants

A M Franz DE VOGHEL Jun

President de Ilnstitut de Reescompte et de Garantie A M Robert P HENRION Jun

Professor dUniversite C M Maurits NAESSENS Dec

President honoraire de la Banque de Paris et des Pays-Bas Belgique

C Professeur F ROGIERS Jun Professeur a lUniversite de Gand

A Baron J VAN HOUTTE Jun Ministre dEtat et Ancien Premier Ministre

BENIN PEOPLES REPUBLIC OF

C M Antoine BOYA Nov Administrateur civil en retraite

C M Pierre A M FOURN Nov President honoraire de la Chambre de Commerce

et dindustrie du RPB A Me Louis IGNATIO-PINTO Nov

Juge a la Cour Internationale de Justice A M Idelphonse W LEMON Nov

bull C =Conciliator A = Arbitrator Except as otherwise indicated by a footnote each Panel Member Is a national of the Contracting State which designated him

bullbullbull Panel members whose terms have expired shall In accordance with Article 15(3) of the Conshyvention continue in office until their successors have been designated

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

6 1983

28 1978

28 1978

17 1983

6 1983

28 1978

17 1983

6 1983

30 1981

30 1981

30 1981

30 1981

9

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 4: HRnn - International Centre for Settlement of Investment ...

enforceability of arbitral awards rendered pursuant to the Convention are among the key provisions of that instrument and therefore States which have not yet done so are to notify the Centre of such designations as soon as DO~SIt)le

states have as of this date made such designations 3

Advance AcceDtcmce of the Jurisdiction of the Centre

An number of bilateral treaties for the protection and promotion of foreign

and also investment laws of host countries provide for the acceptance of the of the Centre as a means of settling disputes A list of such treaties and laws is set forth in Annex 44

To assist member and inshyvestors in setting up provisions for consent to conciliation and arbitration in such a way as to fulfill all necessary jurisdictional re-

of the the Centre n nltgtlr~ a set of model clauses for use

in international investment At the suggestion of one of the Contracting

an additional model clause is being drafted which could be used by parties to an investment agreement wishing to have complex technical questions resolved an vtiitpound~ arbitral

Tenth Annual Meetina of the Administration Council

The Tenth Annual Meeting of the Adminshyistrative Council was held in Manila Philip-

on October 7 1 in with the Annual Meeting of the Board of Governors of the World Bank At this meetshying the Council approved the Tenth Annual

on the operation of the Centre and for Fiscal Year 1977 The releshy

vant resolutions are reproduced in Annex 5

Disputes Submitted to the Centre The past year saw the termination of two

arbitration proceedings between bauxite and the Government of Jamaica

(the Alcoa and Kaiser and the tration of a new case the first one brought

on request

by a Government a private party the Government of Gabon instituted arbitrashytion proceedings against Societe a French o-nltgt1I1

The summary information provided below in the

six arbitration cases which were submitted to the Centre is Annex 6 which contains detailed data relating to past years as well as the present fiscal year

(1) InnsOccidental Petroleum vs Government of Morocco

In September 1976 the arbitrator apshypOinted by the Claimants and a successor was appointed in October Before the could make any progress

l~nnrlaf1 in Decemshy

ber 1976 upon the and deeply death of the Tribunals President

Sture Petren His successor his nomination in April 1977 and the reconshystituted Tribunal is to take up the

shortly after the close 0

fiscal year

(2) Adriano Gardella SpA vs Government of Ivory Coast

The Tribunal met several times during the fiscal year to hear witnesses and oral argushyment on the question of liability and for deliberations A decision is to be rendered in 1977

(3) Alcoa Minerals of 1~lm~i ~ Inc vs Government of Jamaica

On February 27 1977 the Arbitral Trishybunal issued a Procedural Order pursuant to Arbitration Rule 43(1) the disshycontinuance of the proceeding at the joint request of the

(4) Kaiser Bauxite Com~lanlY vs Government of Jamaica

On February 27 1977 the Arbitral Tri shybunal issued a Procedural pursuant to Arbitration Rule 44 noting the di tinuance of the at the requ the Claimant 4

(5) Reynolds Jamaica Mines Ltd and Reynolds Metals Company vs Government of Jamaica

On February 11 1977 the memorial on the merits from Reynolds was received by the Centre On February 27 1977 the Arbitral Tribunal issued a Procedural Order setting September 8 1977 as the time-limit for filing of a counter-memorial by the Govshyernment of Jamaica

(6) Government of Gabon vs

Societe SERETE SA

On June 7 1976 the Centre received a

request for arbitration from the Government

of Gabon The case was registered on

October 5 1976 and the Arbitral Tribunal

was constituted on February 28 1977

Neither party has taken any step in the proshy

ceedings The Centre has been informed

that the parties have reached an ag reement

but has not yet received a request for disshy

tinuance of the proceedings

Finance

The Financial Statement of the Centre for

Fiscal Year 1977 is set forth in Annex 7 The

expenditures of the Centre were again covshy

ered entirely by the value of the services

and facilities made available by the Bank free of charge pursuant to the Memorandum

of Administrative Arrangements concluded

between the Bank and the Centre in Februshyary 19676 and by income from the sale of publications Thus it was not necessary to assess any excess expenditures to the Conshytracting States pursuant to Article 17 of the Convention

The Centres expenses which are attributshyable to the pending arbitration proceedings are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordance with these Regshyulations the Secretary-General calls on the

parties from time to time to make advance deposits to defray the expenses of the proceedings

Publications

Annex 8 sets forth an addition to the bibliography of legal studies on the Convenshytion and the Centre presented in the previous Annual Reports A consolidated bibliography which includes publications containing the official texts of the Convenshytion and unofficial translations the I nstitushytion Conciliation and Arbitration Rules and books articles and reports concerning the Convention and the Centre is available from the Centre on request

Annex 9 gives a list of publications preshypared by the Centre and available for the most part free of charge

The Centre prepared this past year two new volumes for the loose-leaf service Investment Laws of the World-Developing Countries The laws of 43 countries have now been published (Afghanistan Benin Botswana Burundi Cameroon Central African Empire Chad Congo Egypt Gabon Ghana Greece Guyana Indonesia Ivory Coast Jamaica Jordan Kenya Korea Lesotho Liberia Madagascar Malaysia Mauritania Morocco Nepal Niger Nigeria Pakistan Senegal Singapore Somalia Sri Lanka Swaziland Taiwan Togo Trinidad and Tobago Tunisia Uganda Upper Volta Yugoslavia Zaire and Zambia)

The service is being published and sold commercially by Oceana Publications Inc of Dobbs Ferry New York It deals on a

country-by-country basis with internal law

and international agreements affecting forshy

eign investment and consists of a compilashy

tion of constitutional legislative regulatory

and treaty materials It is periodically upshy

dated and supplemented as necessary A

brochure concerning the service is available

from the publisher or the Centre on request

textof which is set forth in Annex 5 of the First Annual Report in relation to AC(IM)RES3 5

Annex 1

List of Contracting States and Other Signatories of the Convention (As of June 30 1977)

The 73 1 States listed below have signed the Convention on the dates indicated The names of the 67 States that have deposited instruments of ratification are capitalized and the dates of such deposit and of the attainment of the status of Contracting State by the entry into force of the Convention for each of them are also indicated

Deposit of Entry into Force State Signature Ratification of Convention

AFGHANISTAN Australia AUSTRIA BELGIUM BENIN PEOPLES REPUBLIC OF

BOTSWANA BURUNDI CAMEROON CENTRAL AFRICAN EMPIRE CHAD

CHINA CONGO PEOPLES REPUBLIC OF CYPRUS DENMARK EGYPT ARAB REPUBLIC OF

Ethiopia Fiji FINLAND FRANCE GABON

GAMBIA THE GERMANY GHANA GREECE GUINEA

GUYANA ICELAND INDONESIA Ireland ITALY

IVORY COAST JAMAICA JAPAN JORDAN KENYA

KOREA LESOTHO LIBERIA LUXEMBOURG MADAGASCAR

Sep 30 1966 Mar 241975 May171966 Dec 15 1965 Sep 10 1965

Jan 151970 Feb 171967 Sep 231965 Aug 261965 May 121966

Jan 13 1966 Dec 271965 Mar 91966 Oct 11 1965 Feb 11 1972

Sep 21 1965 Jul 11977 Jul141967 Dec 221965 Sep 21 1965

Oct 11974 Jan 271966 Nov 261965 Mar161966 Aug 271968

Jul 3 1969 Jul 25 1966 Feb 161968 Aug 30 1966 Nov 18 1965

Jun 30 1965 Jun 231965 Sep 23 1965 Jul 141972 May 241966

Apr 181966 Sep 19 1968 Sep 31965 Sep 28 1965 Jun 11966

Jun 251968

May 251971 Aug 27 1970 Sep 61966

Jan 151970 Nov 51969 Jan 31967 Feb 231966 Aug 29 1966

Dec 10 1968 Jun 23 1966 Nov 251966 Apr 241968 May 31972

Jan 91969 Aug 211967 Apr 41966

Dec 271974 Apr 181969 Jul 131966 Apr 211969 Nov 4 1968

Jul 111969 Jul 251966 Sep 281968

Mar 29 1971

Feb 161966 Sep 9 1966 Aug 171967 Oct 301972 Jan 31967

Feb 211967 Jul 8 1969 Jun 161970 Jul 301970 Sep 6 1966

Jul 251968

Jun 24 1971 Sep 261970 Oct 141966

Feb 14 1970 Dec 51969 Feb 21967 Oct 141966 Oct 141966

Jan 9 1969 Oct 141966 Dec 251966 May 241968 2

Jun 21deg

Feb 81969 Sep 201967 Oct 141966

Jan 261975 May 18 1969 3

Oct 141966 May211969 Dec 41968

Aug 101969 Oct 141966 Oct 281968

Apr 28 1971

Oct 141966 Oct 141966 Sep 16 1967 Nov291972 Feb 2 1967

Mar 231967 Aug 71969 Jul 161970 Aug 291970 Oct 141966

1 Includes Fiji which became a signatory State after June 30 1977 2 Denmark excluded by a notification received on May 15 1968 the Faroe Islands by a notificashytion received on October 30 1968 Denmark extended the application of the Convention to the Faroe Islands as of January 1 1969

3 Germany declared on depositing its instrument of ratification that the Convention would also6 apply to the Land Berlin

Deposit of Entry into Force State Signature Ratification of Convention

MALAWI Jun 91966 Aug 231966 MALAYSIA Oct 221965 Aug 81966 Mali Apr 9 1976 MAURITANIA Jul 301965 Jan 111966 MAURITIUS Jun 2 1969 Jun 21969

MOROCCO Oct 11 1965 May 111967 NEPAL Sep 281965 Jan 71969 NETHERLANDS May 251966 Sep 14 1966 New Zealand Sep 2 1970 NIGER Aug 231965 Nov 14 1966

NIGERIA Jul 131965 Aug 23 1965 NORWAY Jun 241966 Aug 16 1967 PAKISTAN Jul 61965 Sep 151966 ROMANIA Sep 61974 Sep 12 1975 ~I~EGAL Sep 261966 Apr 21 1967

RA LEONE Sep 271965 Aug 2 1966 SINGAPORE Feb 21968 Oct 141968 SOMALIA Sep 271965 Feb 291968 SRI LANKA Aug 30 1967 Oct 121967 SUDAN Mar151967 Apr 91973

SWAZILAND Nov 31970 Jun 14 1971 SWEDEN Sep 251965 Dec 291966 SWITZERLAND Sep 22 1967 May 151968 TOGO Jan 241966 Aug 111967 TRINIDAD AND TOBAGO Oct 5 1966 Jan 3 1967

TUNISIA May 51965 Jun 221966 UGANDA Jun 71966 Jun 71966 UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND May 261965 Dec 19 1966 UNITED STATES OF AMERICA Aug 27 1965 Jun 101966 UPPER VOLTA Sep 16 1965 Aug 29 1966

YUGOSLAVIA Mar 21 1967 Mar 211967 ZAIRE Oct 291968 Apr 291970 ZAMBIA Jun 171970 Jun 171970

4 Until Mauritius attained its independence on March 12 1968 it was covered by the ratification of the United Kingdom

s On depositing its instrument of ratification the Netherlands restricted the application of the Convention to the Kingdom in Europe by a notification received on May 22 1970 the Nethershylands withdrew that restriction and thus extended the application of the Convention to Surinam and the Netherlands Antilles Surinam having attained its independence on November 25 1975 the Convention ceased to be applicable to Surinam as of that date

6 Until SwaZiland attained its independence on September 6 1968 it was covered by the ratifishycation of the United Kingdom

-e United Kingdom has pursuant to Article 70 of the Convention excluded from its coverage following territories for whose international relations it is responsible Jersey bull Isle of

I bull Southern Rhodesia Brunei British Indian Ocean Territory Pitcairn Islands British Antarctic Territory Sovereign Base Areas of Cyprus New Hebrides

Oct 14 1966 Oct 14 1966

Oct 14 1966 Jul 21969 4

Jun 101967 Feb 61969 Oct 14 1966 s

Dec 141966

Oct 14 1966 Sep 151967 Oct 151966 Oct 12 1975 May 211967

Oct 14 1966 Nov131968 Mar 301968 Nov111967 May 91973

Jul 14 1971 6

Jan 281967 Jun 141968 Sep 10 1967 Feb 21967

Oct 141966 Oct 141966

Jan 181967 1

Oct 141966 Oct 141966

Apr 20 1967 May 291970 Jul 171970

7

Annex 2 Members of the Administrative Council and Officials of the Centre

(As of June 30 1977) Chairman of the Robert S McNamara ex officio as Administrative Council President International Bank for

Reconstruction and Development

Contracting State Representative I Alternate I

Afghanistan Said Abdul IIlah Zir Gul Austria Hannes Androsch Walter Neudorfer Belgium Gaston Geens 2 Cecil de Strycker Benin Peoples Republic of Francois Dossou Abou Baba-Moussa Botswana M D Mokama Q K J Masire Burundi Dominique Shiramanga Jean Ndimurukundo Cameroon Youssouffa Daouda Ahmadou Bello Central African Empire Jean Paul Mokodopo Joseph Moutou-Mondziaou Chad Ahmed Kerim Togoi Blayo Ngartando Ch ina W H Fei Chun-Heng Tu Congo Peoples Republic of Francois Bita DanielObela Cyprus Andreas C Patsalides A C Afxentiou Denmark K B Andersen Wilhelm Ulrichsen Egypt Arab Republic of A M Kaissouni Hamed EI-Sayeh Finland Esko Rekola Osmo Kalliala France Gabon Gambia The

Bernard Clappier Michel Anchouey Mohamadu Cadi Cham 2

Marcel Theron J Felix Mamalepot T G G Senghore

Germany Hans Apel Marie Schlei Ghana Anthony Kwesi Appiah 2 K Anane-Binfoh Greece Guinea Guyana

Panayiotis Papaligouras Momory Camara F E Hope

Evangelos Devletoglou Saikou Barry Harold E Wilkinson

Iceland Olafur Johannesson Matthias A Mathiesen Indonesia Rachmat Saleh Julianto Moeliodihardjo Italy Paolo Baffi Ferdinando Ventriglia Ivory Coast Henri Konan Bedie Kouame NDri Kpatchibo Jamaica David H Coore Richard Fletcher Japan Hideo Boh Teiichiro Morinaga Jordan Hanna Odeh Hashim Dabbas Kenya Mwai Kibaki Leonard O Kibinge Korea Yong Hwan Kim Sung Whan Kim Lesotho E R Sekhonyana A M Monyake Liberia James T Phillips Jr D Franklin Neal Luxembourg Jacques F Poos Raymond Kirsch Madagascar Rakotovao Razakaboana Rajaona Andriamananjara Malawi D T Matenje Alfred A Upindi Malaysia Mauritania

Tengku Razaleigh Hamzah Ibrahima A Ba

Tan Sri Dato Abduah bin Ayub

Mauritius Rabindrah Ghurburrun Bramduth Ghoorah Morocco Abdelkader Benslimane Mustapha Faris Nepal Bhekh B Thapa Narakant Adhikary Netherlands W F Duisenberg J P Pronk Niger Abderrahmane Alfidja Mahaman Annou Nigeria G U Osakwe Musa Bello Norway Per Kleppe Hallvard Bakke Pakistan Abdul Hafeez Pirzada A G N Kazi Romania Florea Dumitrescu Mihai Diamandopol Senegal Ousmane Seck Famara Ibrahima Sagna Sierra Leone A B Kamara B M Strasser-King Singapore Hon Sui Sen Howe Yoon Chong Somalia Abdurahman Nur Herzi Mohamud Jama Ahmed Sri Lanka Ronnie de Mel 2 Lal Jayawardena Sudan Nasr Eldin Mustafa Abdel Rahman Abdel Wahab Swaziland James Nxumalo V E Sikhondze Sweden Gosta Bohman Ola Ullsten Switzerland Raymond Probst Roger Grossenbacher Togo Koudjolou Dogo Akuete Eklu-Natey Trinidad and Tobago Eric Williams F Barsotti Tunisia Mustapha Zaanouni Rachid Sfar Uganda Brigadier Moses Ali Jino Geria United Kingdom Gordon Richardson Sir Douglas Wass United States of America Maxwell M Rabb Margaret C Scott Upper Volta Patrice Ouattara Pierre Tahita Yugoslavia Zaire

Momcilo Cemovic Bofossa wAmbea Nkoso

Miodrag Stojiljkovic Asal B Idzumbuir

Zambia John M Mwanakatwe Francis M Walusiku

Secretary-General A Broches

I Except for the persons indicated by an asterisk () the Representatives and Alternates named are respectively Governors or Alternate Governors of the Bank serving ex officio on the Adshyministrative Council pursuant to Article 4(2) of the Convention

2 Appointment effective after June 30 1977

8

Annex 3 List of the Members of the Panel of Conciliators and Arbitrators

(As of June 30 1977)

PART I Designating Authority Contracting State

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designation bullbull

AUSTRIA

C Dr Ladislaus BLASCHEK Jul Bundeskammer der gewerblichen Wirtschaft

C Dr Helmut HASCHEK Jul Chairman Board of Executive Directors

Oesterreichische Kontrollbank AG A Dr Demetre KALUSSIS Jul

Em Professor Wirtschaftsuniversitat C Dr Werner MELIS Jul

Director Austrian Federal Economic Chamber of Commerce

C Dr Wolfgang OEHLER Jul Chief Manager International Division

Oesterreichische Landerbank AG A Dr Philipp RIEGER Jul

Board of Directors Oesterreichische Nationalbank A Dr Nikolaus SCHMIDT-CHIARI Jul

Director Creditanstalt-Bankverein A Dr Fritz SCHOENHERR Jul

Professor University of Vienna

BELGIUM

A Baron H J N ANSIAUX Jun Gouverneur honoraire de la Banque Nationale de Belgique

C MPauIHFCALLEBAUT Dec President de la Societe Nationale de Credit a llndustrie

C M Andre DEQUAE Dec Ancien Ministre President de la Chambre des Representants

A M Franz DE VOGHEL Jun

President de Ilnstitut de Reescompte et de Garantie A M Robert P HENRION Jun

Professor dUniversite C M Maurits NAESSENS Dec

President honoraire de la Banque de Paris et des Pays-Bas Belgique

C Professeur F ROGIERS Jun Professeur a lUniversite de Gand

A Baron J VAN HOUTTE Jun Ministre dEtat et Ancien Premier Ministre

BENIN PEOPLES REPUBLIC OF

C M Antoine BOYA Nov Administrateur civil en retraite

C M Pierre A M FOURN Nov President honoraire de la Chambre de Commerce

et dindustrie du RPB A Me Louis IGNATIO-PINTO Nov

Juge a la Cour Internationale de Justice A M Idelphonse W LEMON Nov

bull C =Conciliator A = Arbitrator Except as otherwise indicated by a footnote each Panel Member Is a national of the Contracting State which designated him

bullbullbull Panel members whose terms have expired shall In accordance with Article 15(3) of the Conshyvention continue in office until their successors have been designated

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

6 1983

28 1978

28 1978

17 1983

6 1983

28 1978

17 1983

6 1983

30 1981

30 1981

30 1981

30 1981

9

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 5: HRnn - International Centre for Settlement of Investment ...

(5) Reynolds Jamaica Mines Ltd and Reynolds Metals Company vs Government of Jamaica

On February 11 1977 the memorial on the merits from Reynolds was received by the Centre On February 27 1977 the Arbitral Tribunal issued a Procedural Order setting September 8 1977 as the time-limit for filing of a counter-memorial by the Govshyernment of Jamaica

(6) Government of Gabon vs

Societe SERETE SA

On June 7 1976 the Centre received a

request for arbitration from the Government

of Gabon The case was registered on

October 5 1976 and the Arbitral Tribunal

was constituted on February 28 1977

Neither party has taken any step in the proshy

ceedings The Centre has been informed

that the parties have reached an ag reement

but has not yet received a request for disshy

tinuance of the proceedings

Finance

The Financial Statement of the Centre for

Fiscal Year 1977 is set forth in Annex 7 The

expenditures of the Centre were again covshy

ered entirely by the value of the services

and facilities made available by the Bank free of charge pursuant to the Memorandum

of Administrative Arrangements concluded

between the Bank and the Centre in Februshyary 19676 and by income from the sale of publications Thus it was not necessary to assess any excess expenditures to the Conshytracting States pursuant to Article 17 of the Convention

The Centres expenses which are attributshyable to the pending arbitration proceedings are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordance with these Regshyulations the Secretary-General calls on the

parties from time to time to make advance deposits to defray the expenses of the proceedings

Publications

Annex 8 sets forth an addition to the bibliography of legal studies on the Convenshytion and the Centre presented in the previous Annual Reports A consolidated bibliography which includes publications containing the official texts of the Convenshytion and unofficial translations the I nstitushytion Conciliation and Arbitration Rules and books articles and reports concerning the Convention and the Centre is available from the Centre on request

Annex 9 gives a list of publications preshypared by the Centre and available for the most part free of charge

The Centre prepared this past year two new volumes for the loose-leaf service Investment Laws of the World-Developing Countries The laws of 43 countries have now been published (Afghanistan Benin Botswana Burundi Cameroon Central African Empire Chad Congo Egypt Gabon Ghana Greece Guyana Indonesia Ivory Coast Jamaica Jordan Kenya Korea Lesotho Liberia Madagascar Malaysia Mauritania Morocco Nepal Niger Nigeria Pakistan Senegal Singapore Somalia Sri Lanka Swaziland Taiwan Togo Trinidad and Tobago Tunisia Uganda Upper Volta Yugoslavia Zaire and Zambia)

The service is being published and sold commercially by Oceana Publications Inc of Dobbs Ferry New York It deals on a

country-by-country basis with internal law

and international agreements affecting forshy

eign investment and consists of a compilashy

tion of constitutional legislative regulatory

and treaty materials It is periodically upshy

dated and supplemented as necessary A

brochure concerning the service is available

from the publisher or the Centre on request

textof which is set forth in Annex 5 of the First Annual Report in relation to AC(IM)RES3 5

Annex 1

List of Contracting States and Other Signatories of the Convention (As of June 30 1977)

The 73 1 States listed below have signed the Convention on the dates indicated The names of the 67 States that have deposited instruments of ratification are capitalized and the dates of such deposit and of the attainment of the status of Contracting State by the entry into force of the Convention for each of them are also indicated

Deposit of Entry into Force State Signature Ratification of Convention

AFGHANISTAN Australia AUSTRIA BELGIUM BENIN PEOPLES REPUBLIC OF

BOTSWANA BURUNDI CAMEROON CENTRAL AFRICAN EMPIRE CHAD

CHINA CONGO PEOPLES REPUBLIC OF CYPRUS DENMARK EGYPT ARAB REPUBLIC OF

Ethiopia Fiji FINLAND FRANCE GABON

GAMBIA THE GERMANY GHANA GREECE GUINEA

GUYANA ICELAND INDONESIA Ireland ITALY

IVORY COAST JAMAICA JAPAN JORDAN KENYA

KOREA LESOTHO LIBERIA LUXEMBOURG MADAGASCAR

Sep 30 1966 Mar 241975 May171966 Dec 15 1965 Sep 10 1965

Jan 151970 Feb 171967 Sep 231965 Aug 261965 May 121966

Jan 13 1966 Dec 271965 Mar 91966 Oct 11 1965 Feb 11 1972

Sep 21 1965 Jul 11977 Jul141967 Dec 221965 Sep 21 1965

Oct 11974 Jan 271966 Nov 261965 Mar161966 Aug 271968

Jul 3 1969 Jul 25 1966 Feb 161968 Aug 30 1966 Nov 18 1965

Jun 30 1965 Jun 231965 Sep 23 1965 Jul 141972 May 241966

Apr 181966 Sep 19 1968 Sep 31965 Sep 28 1965 Jun 11966

Jun 251968

May 251971 Aug 27 1970 Sep 61966

Jan 151970 Nov 51969 Jan 31967 Feb 231966 Aug 29 1966

Dec 10 1968 Jun 23 1966 Nov 251966 Apr 241968 May 31972

Jan 91969 Aug 211967 Apr 41966

Dec 271974 Apr 181969 Jul 131966 Apr 211969 Nov 4 1968

Jul 111969 Jul 251966 Sep 281968

Mar 29 1971

Feb 161966 Sep 9 1966 Aug 171967 Oct 301972 Jan 31967

Feb 211967 Jul 8 1969 Jun 161970 Jul 301970 Sep 6 1966

Jul 251968

Jun 24 1971 Sep 261970 Oct 141966

Feb 14 1970 Dec 51969 Feb 21967 Oct 141966 Oct 141966

Jan 9 1969 Oct 141966 Dec 251966 May 241968 2

Jun 21deg

Feb 81969 Sep 201967 Oct 141966

Jan 261975 May 18 1969 3

Oct 141966 May211969 Dec 41968

Aug 101969 Oct 141966 Oct 281968

Apr 28 1971

Oct 141966 Oct 141966 Sep 16 1967 Nov291972 Feb 2 1967

Mar 231967 Aug 71969 Jul 161970 Aug 291970 Oct 141966

1 Includes Fiji which became a signatory State after June 30 1977 2 Denmark excluded by a notification received on May 15 1968 the Faroe Islands by a notificashytion received on October 30 1968 Denmark extended the application of the Convention to the Faroe Islands as of January 1 1969

3 Germany declared on depositing its instrument of ratification that the Convention would also6 apply to the Land Berlin

Deposit of Entry into Force State Signature Ratification of Convention

MALAWI Jun 91966 Aug 231966 MALAYSIA Oct 221965 Aug 81966 Mali Apr 9 1976 MAURITANIA Jul 301965 Jan 111966 MAURITIUS Jun 2 1969 Jun 21969

MOROCCO Oct 11 1965 May 111967 NEPAL Sep 281965 Jan 71969 NETHERLANDS May 251966 Sep 14 1966 New Zealand Sep 2 1970 NIGER Aug 231965 Nov 14 1966

NIGERIA Jul 131965 Aug 23 1965 NORWAY Jun 241966 Aug 16 1967 PAKISTAN Jul 61965 Sep 151966 ROMANIA Sep 61974 Sep 12 1975 ~I~EGAL Sep 261966 Apr 21 1967

RA LEONE Sep 271965 Aug 2 1966 SINGAPORE Feb 21968 Oct 141968 SOMALIA Sep 271965 Feb 291968 SRI LANKA Aug 30 1967 Oct 121967 SUDAN Mar151967 Apr 91973

SWAZILAND Nov 31970 Jun 14 1971 SWEDEN Sep 251965 Dec 291966 SWITZERLAND Sep 22 1967 May 151968 TOGO Jan 241966 Aug 111967 TRINIDAD AND TOBAGO Oct 5 1966 Jan 3 1967

TUNISIA May 51965 Jun 221966 UGANDA Jun 71966 Jun 71966 UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND May 261965 Dec 19 1966 UNITED STATES OF AMERICA Aug 27 1965 Jun 101966 UPPER VOLTA Sep 16 1965 Aug 29 1966

YUGOSLAVIA Mar 21 1967 Mar 211967 ZAIRE Oct 291968 Apr 291970 ZAMBIA Jun 171970 Jun 171970

4 Until Mauritius attained its independence on March 12 1968 it was covered by the ratification of the United Kingdom

s On depositing its instrument of ratification the Netherlands restricted the application of the Convention to the Kingdom in Europe by a notification received on May 22 1970 the Nethershylands withdrew that restriction and thus extended the application of the Convention to Surinam and the Netherlands Antilles Surinam having attained its independence on November 25 1975 the Convention ceased to be applicable to Surinam as of that date

6 Until SwaZiland attained its independence on September 6 1968 it was covered by the ratifishycation of the United Kingdom

-e United Kingdom has pursuant to Article 70 of the Convention excluded from its coverage following territories for whose international relations it is responsible Jersey bull Isle of

I bull Southern Rhodesia Brunei British Indian Ocean Territory Pitcairn Islands British Antarctic Territory Sovereign Base Areas of Cyprus New Hebrides

Oct 14 1966 Oct 14 1966

Oct 14 1966 Jul 21969 4

Jun 101967 Feb 61969 Oct 14 1966 s

Dec 141966

Oct 14 1966 Sep 151967 Oct 151966 Oct 12 1975 May 211967

Oct 14 1966 Nov131968 Mar 301968 Nov111967 May 91973

Jul 14 1971 6

Jan 281967 Jun 141968 Sep 10 1967 Feb 21967

Oct 141966 Oct 141966

Jan 181967 1

Oct 141966 Oct 141966

Apr 20 1967 May 291970 Jul 171970

7

Annex 2 Members of the Administrative Council and Officials of the Centre

(As of June 30 1977) Chairman of the Robert S McNamara ex officio as Administrative Council President International Bank for

Reconstruction and Development

Contracting State Representative I Alternate I

Afghanistan Said Abdul IIlah Zir Gul Austria Hannes Androsch Walter Neudorfer Belgium Gaston Geens 2 Cecil de Strycker Benin Peoples Republic of Francois Dossou Abou Baba-Moussa Botswana M D Mokama Q K J Masire Burundi Dominique Shiramanga Jean Ndimurukundo Cameroon Youssouffa Daouda Ahmadou Bello Central African Empire Jean Paul Mokodopo Joseph Moutou-Mondziaou Chad Ahmed Kerim Togoi Blayo Ngartando Ch ina W H Fei Chun-Heng Tu Congo Peoples Republic of Francois Bita DanielObela Cyprus Andreas C Patsalides A C Afxentiou Denmark K B Andersen Wilhelm Ulrichsen Egypt Arab Republic of A M Kaissouni Hamed EI-Sayeh Finland Esko Rekola Osmo Kalliala France Gabon Gambia The

Bernard Clappier Michel Anchouey Mohamadu Cadi Cham 2

Marcel Theron J Felix Mamalepot T G G Senghore

Germany Hans Apel Marie Schlei Ghana Anthony Kwesi Appiah 2 K Anane-Binfoh Greece Guinea Guyana

Panayiotis Papaligouras Momory Camara F E Hope

Evangelos Devletoglou Saikou Barry Harold E Wilkinson

Iceland Olafur Johannesson Matthias A Mathiesen Indonesia Rachmat Saleh Julianto Moeliodihardjo Italy Paolo Baffi Ferdinando Ventriglia Ivory Coast Henri Konan Bedie Kouame NDri Kpatchibo Jamaica David H Coore Richard Fletcher Japan Hideo Boh Teiichiro Morinaga Jordan Hanna Odeh Hashim Dabbas Kenya Mwai Kibaki Leonard O Kibinge Korea Yong Hwan Kim Sung Whan Kim Lesotho E R Sekhonyana A M Monyake Liberia James T Phillips Jr D Franklin Neal Luxembourg Jacques F Poos Raymond Kirsch Madagascar Rakotovao Razakaboana Rajaona Andriamananjara Malawi D T Matenje Alfred A Upindi Malaysia Mauritania

Tengku Razaleigh Hamzah Ibrahima A Ba

Tan Sri Dato Abduah bin Ayub

Mauritius Rabindrah Ghurburrun Bramduth Ghoorah Morocco Abdelkader Benslimane Mustapha Faris Nepal Bhekh B Thapa Narakant Adhikary Netherlands W F Duisenberg J P Pronk Niger Abderrahmane Alfidja Mahaman Annou Nigeria G U Osakwe Musa Bello Norway Per Kleppe Hallvard Bakke Pakistan Abdul Hafeez Pirzada A G N Kazi Romania Florea Dumitrescu Mihai Diamandopol Senegal Ousmane Seck Famara Ibrahima Sagna Sierra Leone A B Kamara B M Strasser-King Singapore Hon Sui Sen Howe Yoon Chong Somalia Abdurahman Nur Herzi Mohamud Jama Ahmed Sri Lanka Ronnie de Mel 2 Lal Jayawardena Sudan Nasr Eldin Mustafa Abdel Rahman Abdel Wahab Swaziland James Nxumalo V E Sikhondze Sweden Gosta Bohman Ola Ullsten Switzerland Raymond Probst Roger Grossenbacher Togo Koudjolou Dogo Akuete Eklu-Natey Trinidad and Tobago Eric Williams F Barsotti Tunisia Mustapha Zaanouni Rachid Sfar Uganda Brigadier Moses Ali Jino Geria United Kingdom Gordon Richardson Sir Douglas Wass United States of America Maxwell M Rabb Margaret C Scott Upper Volta Patrice Ouattara Pierre Tahita Yugoslavia Zaire

Momcilo Cemovic Bofossa wAmbea Nkoso

Miodrag Stojiljkovic Asal B Idzumbuir

Zambia John M Mwanakatwe Francis M Walusiku

Secretary-General A Broches

I Except for the persons indicated by an asterisk () the Representatives and Alternates named are respectively Governors or Alternate Governors of the Bank serving ex officio on the Adshyministrative Council pursuant to Article 4(2) of the Convention

2 Appointment effective after June 30 1977

8

Annex 3 List of the Members of the Panel of Conciliators and Arbitrators

(As of June 30 1977)

PART I Designating Authority Contracting State

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designation bullbull

AUSTRIA

C Dr Ladislaus BLASCHEK Jul Bundeskammer der gewerblichen Wirtschaft

C Dr Helmut HASCHEK Jul Chairman Board of Executive Directors

Oesterreichische Kontrollbank AG A Dr Demetre KALUSSIS Jul

Em Professor Wirtschaftsuniversitat C Dr Werner MELIS Jul

Director Austrian Federal Economic Chamber of Commerce

C Dr Wolfgang OEHLER Jul Chief Manager International Division

Oesterreichische Landerbank AG A Dr Philipp RIEGER Jul

Board of Directors Oesterreichische Nationalbank A Dr Nikolaus SCHMIDT-CHIARI Jul

Director Creditanstalt-Bankverein A Dr Fritz SCHOENHERR Jul

Professor University of Vienna

BELGIUM

A Baron H J N ANSIAUX Jun Gouverneur honoraire de la Banque Nationale de Belgique

C MPauIHFCALLEBAUT Dec President de la Societe Nationale de Credit a llndustrie

C M Andre DEQUAE Dec Ancien Ministre President de la Chambre des Representants

A M Franz DE VOGHEL Jun

President de Ilnstitut de Reescompte et de Garantie A M Robert P HENRION Jun

Professor dUniversite C M Maurits NAESSENS Dec

President honoraire de la Banque de Paris et des Pays-Bas Belgique

C Professeur F ROGIERS Jun Professeur a lUniversite de Gand

A Baron J VAN HOUTTE Jun Ministre dEtat et Ancien Premier Ministre

BENIN PEOPLES REPUBLIC OF

C M Antoine BOYA Nov Administrateur civil en retraite

C M Pierre A M FOURN Nov President honoraire de la Chambre de Commerce

et dindustrie du RPB A Me Louis IGNATIO-PINTO Nov

Juge a la Cour Internationale de Justice A M Idelphonse W LEMON Nov

bull C =Conciliator A = Arbitrator Except as otherwise indicated by a footnote each Panel Member Is a national of the Contracting State which designated him

bullbullbull Panel members whose terms have expired shall In accordance with Article 15(3) of the Conshyvention continue in office until their successors have been designated

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

6 1983

28 1978

28 1978

17 1983

6 1983

28 1978

17 1983

6 1983

30 1981

30 1981

30 1981

30 1981

9

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 6: HRnn - International Centre for Settlement of Investment ...

Annex 1

List of Contracting States and Other Signatories of the Convention (As of June 30 1977)

The 73 1 States listed below have signed the Convention on the dates indicated The names of the 67 States that have deposited instruments of ratification are capitalized and the dates of such deposit and of the attainment of the status of Contracting State by the entry into force of the Convention for each of them are also indicated

Deposit of Entry into Force State Signature Ratification of Convention

AFGHANISTAN Australia AUSTRIA BELGIUM BENIN PEOPLES REPUBLIC OF

BOTSWANA BURUNDI CAMEROON CENTRAL AFRICAN EMPIRE CHAD

CHINA CONGO PEOPLES REPUBLIC OF CYPRUS DENMARK EGYPT ARAB REPUBLIC OF

Ethiopia Fiji FINLAND FRANCE GABON

GAMBIA THE GERMANY GHANA GREECE GUINEA

GUYANA ICELAND INDONESIA Ireland ITALY

IVORY COAST JAMAICA JAPAN JORDAN KENYA

KOREA LESOTHO LIBERIA LUXEMBOURG MADAGASCAR

Sep 30 1966 Mar 241975 May171966 Dec 15 1965 Sep 10 1965

Jan 151970 Feb 171967 Sep 231965 Aug 261965 May 121966

Jan 13 1966 Dec 271965 Mar 91966 Oct 11 1965 Feb 11 1972

Sep 21 1965 Jul 11977 Jul141967 Dec 221965 Sep 21 1965

Oct 11974 Jan 271966 Nov 261965 Mar161966 Aug 271968

Jul 3 1969 Jul 25 1966 Feb 161968 Aug 30 1966 Nov 18 1965

Jun 30 1965 Jun 231965 Sep 23 1965 Jul 141972 May 241966

Apr 181966 Sep 19 1968 Sep 31965 Sep 28 1965 Jun 11966

Jun 251968

May 251971 Aug 27 1970 Sep 61966

Jan 151970 Nov 51969 Jan 31967 Feb 231966 Aug 29 1966

Dec 10 1968 Jun 23 1966 Nov 251966 Apr 241968 May 31972

Jan 91969 Aug 211967 Apr 41966

Dec 271974 Apr 181969 Jul 131966 Apr 211969 Nov 4 1968

Jul 111969 Jul 251966 Sep 281968

Mar 29 1971

Feb 161966 Sep 9 1966 Aug 171967 Oct 301972 Jan 31967

Feb 211967 Jul 8 1969 Jun 161970 Jul 301970 Sep 6 1966

Jul 251968

Jun 24 1971 Sep 261970 Oct 141966

Feb 14 1970 Dec 51969 Feb 21967 Oct 141966 Oct 141966

Jan 9 1969 Oct 141966 Dec 251966 May 241968 2

Jun 21deg

Feb 81969 Sep 201967 Oct 141966

Jan 261975 May 18 1969 3

Oct 141966 May211969 Dec 41968

Aug 101969 Oct 141966 Oct 281968

Apr 28 1971

Oct 141966 Oct 141966 Sep 16 1967 Nov291972 Feb 2 1967

Mar 231967 Aug 71969 Jul 161970 Aug 291970 Oct 141966

1 Includes Fiji which became a signatory State after June 30 1977 2 Denmark excluded by a notification received on May 15 1968 the Faroe Islands by a notificashytion received on October 30 1968 Denmark extended the application of the Convention to the Faroe Islands as of January 1 1969

3 Germany declared on depositing its instrument of ratification that the Convention would also6 apply to the Land Berlin

Deposit of Entry into Force State Signature Ratification of Convention

MALAWI Jun 91966 Aug 231966 MALAYSIA Oct 221965 Aug 81966 Mali Apr 9 1976 MAURITANIA Jul 301965 Jan 111966 MAURITIUS Jun 2 1969 Jun 21969

MOROCCO Oct 11 1965 May 111967 NEPAL Sep 281965 Jan 71969 NETHERLANDS May 251966 Sep 14 1966 New Zealand Sep 2 1970 NIGER Aug 231965 Nov 14 1966

NIGERIA Jul 131965 Aug 23 1965 NORWAY Jun 241966 Aug 16 1967 PAKISTAN Jul 61965 Sep 151966 ROMANIA Sep 61974 Sep 12 1975 ~I~EGAL Sep 261966 Apr 21 1967

RA LEONE Sep 271965 Aug 2 1966 SINGAPORE Feb 21968 Oct 141968 SOMALIA Sep 271965 Feb 291968 SRI LANKA Aug 30 1967 Oct 121967 SUDAN Mar151967 Apr 91973

SWAZILAND Nov 31970 Jun 14 1971 SWEDEN Sep 251965 Dec 291966 SWITZERLAND Sep 22 1967 May 151968 TOGO Jan 241966 Aug 111967 TRINIDAD AND TOBAGO Oct 5 1966 Jan 3 1967

TUNISIA May 51965 Jun 221966 UGANDA Jun 71966 Jun 71966 UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND May 261965 Dec 19 1966 UNITED STATES OF AMERICA Aug 27 1965 Jun 101966 UPPER VOLTA Sep 16 1965 Aug 29 1966

YUGOSLAVIA Mar 21 1967 Mar 211967 ZAIRE Oct 291968 Apr 291970 ZAMBIA Jun 171970 Jun 171970

4 Until Mauritius attained its independence on March 12 1968 it was covered by the ratification of the United Kingdom

s On depositing its instrument of ratification the Netherlands restricted the application of the Convention to the Kingdom in Europe by a notification received on May 22 1970 the Nethershylands withdrew that restriction and thus extended the application of the Convention to Surinam and the Netherlands Antilles Surinam having attained its independence on November 25 1975 the Convention ceased to be applicable to Surinam as of that date

6 Until SwaZiland attained its independence on September 6 1968 it was covered by the ratifishycation of the United Kingdom

-e United Kingdom has pursuant to Article 70 of the Convention excluded from its coverage following territories for whose international relations it is responsible Jersey bull Isle of

I bull Southern Rhodesia Brunei British Indian Ocean Territory Pitcairn Islands British Antarctic Territory Sovereign Base Areas of Cyprus New Hebrides

Oct 14 1966 Oct 14 1966

Oct 14 1966 Jul 21969 4

Jun 101967 Feb 61969 Oct 14 1966 s

Dec 141966

Oct 14 1966 Sep 151967 Oct 151966 Oct 12 1975 May 211967

Oct 14 1966 Nov131968 Mar 301968 Nov111967 May 91973

Jul 14 1971 6

Jan 281967 Jun 141968 Sep 10 1967 Feb 21967

Oct 141966 Oct 141966

Jan 181967 1

Oct 141966 Oct 141966

Apr 20 1967 May 291970 Jul 171970

7

Annex 2 Members of the Administrative Council and Officials of the Centre

(As of June 30 1977) Chairman of the Robert S McNamara ex officio as Administrative Council President International Bank for

Reconstruction and Development

Contracting State Representative I Alternate I

Afghanistan Said Abdul IIlah Zir Gul Austria Hannes Androsch Walter Neudorfer Belgium Gaston Geens 2 Cecil de Strycker Benin Peoples Republic of Francois Dossou Abou Baba-Moussa Botswana M D Mokama Q K J Masire Burundi Dominique Shiramanga Jean Ndimurukundo Cameroon Youssouffa Daouda Ahmadou Bello Central African Empire Jean Paul Mokodopo Joseph Moutou-Mondziaou Chad Ahmed Kerim Togoi Blayo Ngartando Ch ina W H Fei Chun-Heng Tu Congo Peoples Republic of Francois Bita DanielObela Cyprus Andreas C Patsalides A C Afxentiou Denmark K B Andersen Wilhelm Ulrichsen Egypt Arab Republic of A M Kaissouni Hamed EI-Sayeh Finland Esko Rekola Osmo Kalliala France Gabon Gambia The

Bernard Clappier Michel Anchouey Mohamadu Cadi Cham 2

Marcel Theron J Felix Mamalepot T G G Senghore

Germany Hans Apel Marie Schlei Ghana Anthony Kwesi Appiah 2 K Anane-Binfoh Greece Guinea Guyana

Panayiotis Papaligouras Momory Camara F E Hope

Evangelos Devletoglou Saikou Barry Harold E Wilkinson

Iceland Olafur Johannesson Matthias A Mathiesen Indonesia Rachmat Saleh Julianto Moeliodihardjo Italy Paolo Baffi Ferdinando Ventriglia Ivory Coast Henri Konan Bedie Kouame NDri Kpatchibo Jamaica David H Coore Richard Fletcher Japan Hideo Boh Teiichiro Morinaga Jordan Hanna Odeh Hashim Dabbas Kenya Mwai Kibaki Leonard O Kibinge Korea Yong Hwan Kim Sung Whan Kim Lesotho E R Sekhonyana A M Monyake Liberia James T Phillips Jr D Franklin Neal Luxembourg Jacques F Poos Raymond Kirsch Madagascar Rakotovao Razakaboana Rajaona Andriamananjara Malawi D T Matenje Alfred A Upindi Malaysia Mauritania

Tengku Razaleigh Hamzah Ibrahima A Ba

Tan Sri Dato Abduah bin Ayub

Mauritius Rabindrah Ghurburrun Bramduth Ghoorah Morocco Abdelkader Benslimane Mustapha Faris Nepal Bhekh B Thapa Narakant Adhikary Netherlands W F Duisenberg J P Pronk Niger Abderrahmane Alfidja Mahaman Annou Nigeria G U Osakwe Musa Bello Norway Per Kleppe Hallvard Bakke Pakistan Abdul Hafeez Pirzada A G N Kazi Romania Florea Dumitrescu Mihai Diamandopol Senegal Ousmane Seck Famara Ibrahima Sagna Sierra Leone A B Kamara B M Strasser-King Singapore Hon Sui Sen Howe Yoon Chong Somalia Abdurahman Nur Herzi Mohamud Jama Ahmed Sri Lanka Ronnie de Mel 2 Lal Jayawardena Sudan Nasr Eldin Mustafa Abdel Rahman Abdel Wahab Swaziland James Nxumalo V E Sikhondze Sweden Gosta Bohman Ola Ullsten Switzerland Raymond Probst Roger Grossenbacher Togo Koudjolou Dogo Akuete Eklu-Natey Trinidad and Tobago Eric Williams F Barsotti Tunisia Mustapha Zaanouni Rachid Sfar Uganda Brigadier Moses Ali Jino Geria United Kingdom Gordon Richardson Sir Douglas Wass United States of America Maxwell M Rabb Margaret C Scott Upper Volta Patrice Ouattara Pierre Tahita Yugoslavia Zaire

Momcilo Cemovic Bofossa wAmbea Nkoso

Miodrag Stojiljkovic Asal B Idzumbuir

Zambia John M Mwanakatwe Francis M Walusiku

Secretary-General A Broches

I Except for the persons indicated by an asterisk () the Representatives and Alternates named are respectively Governors or Alternate Governors of the Bank serving ex officio on the Adshyministrative Council pursuant to Article 4(2) of the Convention

2 Appointment effective after June 30 1977

8

Annex 3 List of the Members of the Panel of Conciliators and Arbitrators

(As of June 30 1977)

PART I Designating Authority Contracting State

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designation bullbull

AUSTRIA

C Dr Ladislaus BLASCHEK Jul Bundeskammer der gewerblichen Wirtschaft

C Dr Helmut HASCHEK Jul Chairman Board of Executive Directors

Oesterreichische Kontrollbank AG A Dr Demetre KALUSSIS Jul

Em Professor Wirtschaftsuniversitat C Dr Werner MELIS Jul

Director Austrian Federal Economic Chamber of Commerce

C Dr Wolfgang OEHLER Jul Chief Manager International Division

Oesterreichische Landerbank AG A Dr Philipp RIEGER Jul

Board of Directors Oesterreichische Nationalbank A Dr Nikolaus SCHMIDT-CHIARI Jul

Director Creditanstalt-Bankverein A Dr Fritz SCHOENHERR Jul

Professor University of Vienna

BELGIUM

A Baron H J N ANSIAUX Jun Gouverneur honoraire de la Banque Nationale de Belgique

C MPauIHFCALLEBAUT Dec President de la Societe Nationale de Credit a llndustrie

C M Andre DEQUAE Dec Ancien Ministre President de la Chambre des Representants

A M Franz DE VOGHEL Jun

President de Ilnstitut de Reescompte et de Garantie A M Robert P HENRION Jun

Professor dUniversite C M Maurits NAESSENS Dec

President honoraire de la Banque de Paris et des Pays-Bas Belgique

C Professeur F ROGIERS Jun Professeur a lUniversite de Gand

A Baron J VAN HOUTTE Jun Ministre dEtat et Ancien Premier Ministre

BENIN PEOPLES REPUBLIC OF

C M Antoine BOYA Nov Administrateur civil en retraite

C M Pierre A M FOURN Nov President honoraire de la Chambre de Commerce

et dindustrie du RPB A Me Louis IGNATIO-PINTO Nov

Juge a la Cour Internationale de Justice A M Idelphonse W LEMON Nov

bull C =Conciliator A = Arbitrator Except as otherwise indicated by a footnote each Panel Member Is a national of the Contracting State which designated him

bullbullbull Panel members whose terms have expired shall In accordance with Article 15(3) of the Conshyvention continue in office until their successors have been designated

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

6 1983

28 1978

28 1978

17 1983

6 1983

28 1978

17 1983

6 1983

30 1981

30 1981

30 1981

30 1981

9

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 7: HRnn - International Centre for Settlement of Investment ...

Deposit of Entry into Force State Signature Ratification of Convention

MALAWI Jun 91966 Aug 231966 MALAYSIA Oct 221965 Aug 81966 Mali Apr 9 1976 MAURITANIA Jul 301965 Jan 111966 MAURITIUS Jun 2 1969 Jun 21969

MOROCCO Oct 11 1965 May 111967 NEPAL Sep 281965 Jan 71969 NETHERLANDS May 251966 Sep 14 1966 New Zealand Sep 2 1970 NIGER Aug 231965 Nov 14 1966

NIGERIA Jul 131965 Aug 23 1965 NORWAY Jun 241966 Aug 16 1967 PAKISTAN Jul 61965 Sep 151966 ROMANIA Sep 61974 Sep 12 1975 ~I~EGAL Sep 261966 Apr 21 1967

RA LEONE Sep 271965 Aug 2 1966 SINGAPORE Feb 21968 Oct 141968 SOMALIA Sep 271965 Feb 291968 SRI LANKA Aug 30 1967 Oct 121967 SUDAN Mar151967 Apr 91973

SWAZILAND Nov 31970 Jun 14 1971 SWEDEN Sep 251965 Dec 291966 SWITZERLAND Sep 22 1967 May 151968 TOGO Jan 241966 Aug 111967 TRINIDAD AND TOBAGO Oct 5 1966 Jan 3 1967

TUNISIA May 51965 Jun 221966 UGANDA Jun 71966 Jun 71966 UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND May 261965 Dec 19 1966 UNITED STATES OF AMERICA Aug 27 1965 Jun 101966 UPPER VOLTA Sep 16 1965 Aug 29 1966

YUGOSLAVIA Mar 21 1967 Mar 211967 ZAIRE Oct 291968 Apr 291970 ZAMBIA Jun 171970 Jun 171970

4 Until Mauritius attained its independence on March 12 1968 it was covered by the ratification of the United Kingdom

s On depositing its instrument of ratification the Netherlands restricted the application of the Convention to the Kingdom in Europe by a notification received on May 22 1970 the Nethershylands withdrew that restriction and thus extended the application of the Convention to Surinam and the Netherlands Antilles Surinam having attained its independence on November 25 1975 the Convention ceased to be applicable to Surinam as of that date

6 Until SwaZiland attained its independence on September 6 1968 it was covered by the ratifishycation of the United Kingdom

-e United Kingdom has pursuant to Article 70 of the Convention excluded from its coverage following territories for whose international relations it is responsible Jersey bull Isle of

I bull Southern Rhodesia Brunei British Indian Ocean Territory Pitcairn Islands British Antarctic Territory Sovereign Base Areas of Cyprus New Hebrides

Oct 14 1966 Oct 14 1966

Oct 14 1966 Jul 21969 4

Jun 101967 Feb 61969 Oct 14 1966 s

Dec 141966

Oct 14 1966 Sep 151967 Oct 151966 Oct 12 1975 May 211967

Oct 14 1966 Nov131968 Mar 301968 Nov111967 May 91973

Jul 14 1971 6

Jan 281967 Jun 141968 Sep 10 1967 Feb 21967

Oct 141966 Oct 141966

Jan 181967 1

Oct 141966 Oct 141966

Apr 20 1967 May 291970 Jul 171970

7

Annex 2 Members of the Administrative Council and Officials of the Centre

(As of June 30 1977) Chairman of the Robert S McNamara ex officio as Administrative Council President International Bank for

Reconstruction and Development

Contracting State Representative I Alternate I

Afghanistan Said Abdul IIlah Zir Gul Austria Hannes Androsch Walter Neudorfer Belgium Gaston Geens 2 Cecil de Strycker Benin Peoples Republic of Francois Dossou Abou Baba-Moussa Botswana M D Mokama Q K J Masire Burundi Dominique Shiramanga Jean Ndimurukundo Cameroon Youssouffa Daouda Ahmadou Bello Central African Empire Jean Paul Mokodopo Joseph Moutou-Mondziaou Chad Ahmed Kerim Togoi Blayo Ngartando Ch ina W H Fei Chun-Heng Tu Congo Peoples Republic of Francois Bita DanielObela Cyprus Andreas C Patsalides A C Afxentiou Denmark K B Andersen Wilhelm Ulrichsen Egypt Arab Republic of A M Kaissouni Hamed EI-Sayeh Finland Esko Rekola Osmo Kalliala France Gabon Gambia The

Bernard Clappier Michel Anchouey Mohamadu Cadi Cham 2

Marcel Theron J Felix Mamalepot T G G Senghore

Germany Hans Apel Marie Schlei Ghana Anthony Kwesi Appiah 2 K Anane-Binfoh Greece Guinea Guyana

Panayiotis Papaligouras Momory Camara F E Hope

Evangelos Devletoglou Saikou Barry Harold E Wilkinson

Iceland Olafur Johannesson Matthias A Mathiesen Indonesia Rachmat Saleh Julianto Moeliodihardjo Italy Paolo Baffi Ferdinando Ventriglia Ivory Coast Henri Konan Bedie Kouame NDri Kpatchibo Jamaica David H Coore Richard Fletcher Japan Hideo Boh Teiichiro Morinaga Jordan Hanna Odeh Hashim Dabbas Kenya Mwai Kibaki Leonard O Kibinge Korea Yong Hwan Kim Sung Whan Kim Lesotho E R Sekhonyana A M Monyake Liberia James T Phillips Jr D Franklin Neal Luxembourg Jacques F Poos Raymond Kirsch Madagascar Rakotovao Razakaboana Rajaona Andriamananjara Malawi D T Matenje Alfred A Upindi Malaysia Mauritania

Tengku Razaleigh Hamzah Ibrahima A Ba

Tan Sri Dato Abduah bin Ayub

Mauritius Rabindrah Ghurburrun Bramduth Ghoorah Morocco Abdelkader Benslimane Mustapha Faris Nepal Bhekh B Thapa Narakant Adhikary Netherlands W F Duisenberg J P Pronk Niger Abderrahmane Alfidja Mahaman Annou Nigeria G U Osakwe Musa Bello Norway Per Kleppe Hallvard Bakke Pakistan Abdul Hafeez Pirzada A G N Kazi Romania Florea Dumitrescu Mihai Diamandopol Senegal Ousmane Seck Famara Ibrahima Sagna Sierra Leone A B Kamara B M Strasser-King Singapore Hon Sui Sen Howe Yoon Chong Somalia Abdurahman Nur Herzi Mohamud Jama Ahmed Sri Lanka Ronnie de Mel 2 Lal Jayawardena Sudan Nasr Eldin Mustafa Abdel Rahman Abdel Wahab Swaziland James Nxumalo V E Sikhondze Sweden Gosta Bohman Ola Ullsten Switzerland Raymond Probst Roger Grossenbacher Togo Koudjolou Dogo Akuete Eklu-Natey Trinidad and Tobago Eric Williams F Barsotti Tunisia Mustapha Zaanouni Rachid Sfar Uganda Brigadier Moses Ali Jino Geria United Kingdom Gordon Richardson Sir Douglas Wass United States of America Maxwell M Rabb Margaret C Scott Upper Volta Patrice Ouattara Pierre Tahita Yugoslavia Zaire

Momcilo Cemovic Bofossa wAmbea Nkoso

Miodrag Stojiljkovic Asal B Idzumbuir

Zambia John M Mwanakatwe Francis M Walusiku

Secretary-General A Broches

I Except for the persons indicated by an asterisk () the Representatives and Alternates named are respectively Governors or Alternate Governors of the Bank serving ex officio on the Adshyministrative Council pursuant to Article 4(2) of the Convention

2 Appointment effective after June 30 1977

8

Annex 3 List of the Members of the Panel of Conciliators and Arbitrators

(As of June 30 1977)

PART I Designating Authority Contracting State

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designation bullbull

AUSTRIA

C Dr Ladislaus BLASCHEK Jul Bundeskammer der gewerblichen Wirtschaft

C Dr Helmut HASCHEK Jul Chairman Board of Executive Directors

Oesterreichische Kontrollbank AG A Dr Demetre KALUSSIS Jul

Em Professor Wirtschaftsuniversitat C Dr Werner MELIS Jul

Director Austrian Federal Economic Chamber of Commerce

C Dr Wolfgang OEHLER Jul Chief Manager International Division

Oesterreichische Landerbank AG A Dr Philipp RIEGER Jul

Board of Directors Oesterreichische Nationalbank A Dr Nikolaus SCHMIDT-CHIARI Jul

Director Creditanstalt-Bankverein A Dr Fritz SCHOENHERR Jul

Professor University of Vienna

BELGIUM

A Baron H J N ANSIAUX Jun Gouverneur honoraire de la Banque Nationale de Belgique

C MPauIHFCALLEBAUT Dec President de la Societe Nationale de Credit a llndustrie

C M Andre DEQUAE Dec Ancien Ministre President de la Chambre des Representants

A M Franz DE VOGHEL Jun

President de Ilnstitut de Reescompte et de Garantie A M Robert P HENRION Jun

Professor dUniversite C M Maurits NAESSENS Dec

President honoraire de la Banque de Paris et des Pays-Bas Belgique

C Professeur F ROGIERS Jun Professeur a lUniversite de Gand

A Baron J VAN HOUTTE Jun Ministre dEtat et Ancien Premier Ministre

BENIN PEOPLES REPUBLIC OF

C M Antoine BOYA Nov Administrateur civil en retraite

C M Pierre A M FOURN Nov President honoraire de la Chambre de Commerce

et dindustrie du RPB A Me Louis IGNATIO-PINTO Nov

Juge a la Cour Internationale de Justice A M Idelphonse W LEMON Nov

bull C =Conciliator A = Arbitrator Except as otherwise indicated by a footnote each Panel Member Is a national of the Contracting State which designated him

bullbullbull Panel members whose terms have expired shall In accordance with Article 15(3) of the Conshyvention continue in office until their successors have been designated

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

6 1983

28 1978

28 1978

17 1983

6 1983

28 1978

17 1983

6 1983

30 1981

30 1981

30 1981

30 1981

9

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 8: HRnn - International Centre for Settlement of Investment ...

Annex 2 Members of the Administrative Council and Officials of the Centre

(As of June 30 1977) Chairman of the Robert S McNamara ex officio as Administrative Council President International Bank for

Reconstruction and Development

Contracting State Representative I Alternate I

Afghanistan Said Abdul IIlah Zir Gul Austria Hannes Androsch Walter Neudorfer Belgium Gaston Geens 2 Cecil de Strycker Benin Peoples Republic of Francois Dossou Abou Baba-Moussa Botswana M D Mokama Q K J Masire Burundi Dominique Shiramanga Jean Ndimurukundo Cameroon Youssouffa Daouda Ahmadou Bello Central African Empire Jean Paul Mokodopo Joseph Moutou-Mondziaou Chad Ahmed Kerim Togoi Blayo Ngartando Ch ina W H Fei Chun-Heng Tu Congo Peoples Republic of Francois Bita DanielObela Cyprus Andreas C Patsalides A C Afxentiou Denmark K B Andersen Wilhelm Ulrichsen Egypt Arab Republic of A M Kaissouni Hamed EI-Sayeh Finland Esko Rekola Osmo Kalliala France Gabon Gambia The

Bernard Clappier Michel Anchouey Mohamadu Cadi Cham 2

Marcel Theron J Felix Mamalepot T G G Senghore

Germany Hans Apel Marie Schlei Ghana Anthony Kwesi Appiah 2 K Anane-Binfoh Greece Guinea Guyana

Panayiotis Papaligouras Momory Camara F E Hope

Evangelos Devletoglou Saikou Barry Harold E Wilkinson

Iceland Olafur Johannesson Matthias A Mathiesen Indonesia Rachmat Saleh Julianto Moeliodihardjo Italy Paolo Baffi Ferdinando Ventriglia Ivory Coast Henri Konan Bedie Kouame NDri Kpatchibo Jamaica David H Coore Richard Fletcher Japan Hideo Boh Teiichiro Morinaga Jordan Hanna Odeh Hashim Dabbas Kenya Mwai Kibaki Leonard O Kibinge Korea Yong Hwan Kim Sung Whan Kim Lesotho E R Sekhonyana A M Monyake Liberia James T Phillips Jr D Franklin Neal Luxembourg Jacques F Poos Raymond Kirsch Madagascar Rakotovao Razakaboana Rajaona Andriamananjara Malawi D T Matenje Alfred A Upindi Malaysia Mauritania

Tengku Razaleigh Hamzah Ibrahima A Ba

Tan Sri Dato Abduah bin Ayub

Mauritius Rabindrah Ghurburrun Bramduth Ghoorah Morocco Abdelkader Benslimane Mustapha Faris Nepal Bhekh B Thapa Narakant Adhikary Netherlands W F Duisenberg J P Pronk Niger Abderrahmane Alfidja Mahaman Annou Nigeria G U Osakwe Musa Bello Norway Per Kleppe Hallvard Bakke Pakistan Abdul Hafeez Pirzada A G N Kazi Romania Florea Dumitrescu Mihai Diamandopol Senegal Ousmane Seck Famara Ibrahima Sagna Sierra Leone A B Kamara B M Strasser-King Singapore Hon Sui Sen Howe Yoon Chong Somalia Abdurahman Nur Herzi Mohamud Jama Ahmed Sri Lanka Ronnie de Mel 2 Lal Jayawardena Sudan Nasr Eldin Mustafa Abdel Rahman Abdel Wahab Swaziland James Nxumalo V E Sikhondze Sweden Gosta Bohman Ola Ullsten Switzerland Raymond Probst Roger Grossenbacher Togo Koudjolou Dogo Akuete Eklu-Natey Trinidad and Tobago Eric Williams F Barsotti Tunisia Mustapha Zaanouni Rachid Sfar Uganda Brigadier Moses Ali Jino Geria United Kingdom Gordon Richardson Sir Douglas Wass United States of America Maxwell M Rabb Margaret C Scott Upper Volta Patrice Ouattara Pierre Tahita Yugoslavia Zaire

Momcilo Cemovic Bofossa wAmbea Nkoso

Miodrag Stojiljkovic Asal B Idzumbuir

Zambia John M Mwanakatwe Francis M Walusiku

Secretary-General A Broches

I Except for the persons indicated by an asterisk () the Representatives and Alternates named are respectively Governors or Alternate Governors of the Bank serving ex officio on the Adshyministrative Council pursuant to Article 4(2) of the Convention

2 Appointment effective after June 30 1977

8

Annex 3 List of the Members of the Panel of Conciliators and Arbitrators

(As of June 30 1977)

PART I Designating Authority Contracting State

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designation bullbull

AUSTRIA

C Dr Ladislaus BLASCHEK Jul Bundeskammer der gewerblichen Wirtschaft

C Dr Helmut HASCHEK Jul Chairman Board of Executive Directors

Oesterreichische Kontrollbank AG A Dr Demetre KALUSSIS Jul

Em Professor Wirtschaftsuniversitat C Dr Werner MELIS Jul

Director Austrian Federal Economic Chamber of Commerce

C Dr Wolfgang OEHLER Jul Chief Manager International Division

Oesterreichische Landerbank AG A Dr Philipp RIEGER Jul

Board of Directors Oesterreichische Nationalbank A Dr Nikolaus SCHMIDT-CHIARI Jul

Director Creditanstalt-Bankverein A Dr Fritz SCHOENHERR Jul

Professor University of Vienna

BELGIUM

A Baron H J N ANSIAUX Jun Gouverneur honoraire de la Banque Nationale de Belgique

C MPauIHFCALLEBAUT Dec President de la Societe Nationale de Credit a llndustrie

C M Andre DEQUAE Dec Ancien Ministre President de la Chambre des Representants

A M Franz DE VOGHEL Jun

President de Ilnstitut de Reescompte et de Garantie A M Robert P HENRION Jun

Professor dUniversite C M Maurits NAESSENS Dec

President honoraire de la Banque de Paris et des Pays-Bas Belgique

C Professeur F ROGIERS Jun Professeur a lUniversite de Gand

A Baron J VAN HOUTTE Jun Ministre dEtat et Ancien Premier Ministre

BENIN PEOPLES REPUBLIC OF

C M Antoine BOYA Nov Administrateur civil en retraite

C M Pierre A M FOURN Nov President honoraire de la Chambre de Commerce

et dindustrie du RPB A Me Louis IGNATIO-PINTO Nov

Juge a la Cour Internationale de Justice A M Idelphonse W LEMON Nov

bull C =Conciliator A = Arbitrator Except as otherwise indicated by a footnote each Panel Member Is a national of the Contracting State which designated him

bullbullbull Panel members whose terms have expired shall In accordance with Article 15(3) of the Conshyvention continue in office until their successors have been designated

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

6 1983

28 1978

28 1978

17 1983

6 1983

28 1978

17 1983

6 1983

30 1981

30 1981

30 1981

30 1981

9

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 9: HRnn - International Centre for Settlement of Investment ...

Annex 3 List of the Members of the Panel of Conciliators and Arbitrators

(As of June 30 1977)

PART I Designating Authority Contracting State

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designation bullbull

AUSTRIA

C Dr Ladislaus BLASCHEK Jul Bundeskammer der gewerblichen Wirtschaft

C Dr Helmut HASCHEK Jul Chairman Board of Executive Directors

Oesterreichische Kontrollbank AG A Dr Demetre KALUSSIS Jul

Em Professor Wirtschaftsuniversitat C Dr Werner MELIS Jul

Director Austrian Federal Economic Chamber of Commerce

C Dr Wolfgang OEHLER Jul Chief Manager International Division

Oesterreichische Landerbank AG A Dr Philipp RIEGER Jul

Board of Directors Oesterreichische Nationalbank A Dr Nikolaus SCHMIDT-CHIARI Jul

Director Creditanstalt-Bankverein A Dr Fritz SCHOENHERR Jul

Professor University of Vienna

BELGIUM

A Baron H J N ANSIAUX Jun Gouverneur honoraire de la Banque Nationale de Belgique

C MPauIHFCALLEBAUT Dec President de la Societe Nationale de Credit a llndustrie

C M Andre DEQUAE Dec Ancien Ministre President de la Chambre des Representants

A M Franz DE VOGHEL Jun

President de Ilnstitut de Reescompte et de Garantie A M Robert P HENRION Jun

Professor dUniversite C M Maurits NAESSENS Dec

President honoraire de la Banque de Paris et des Pays-Bas Belgique

C Professeur F ROGIERS Jun Professeur a lUniversite de Gand

A Baron J VAN HOUTTE Jun Ministre dEtat et Ancien Premier Ministre

BENIN PEOPLES REPUBLIC OF

C M Antoine BOYA Nov Administrateur civil en retraite

C M Pierre A M FOURN Nov President honoraire de la Chambre de Commerce

et dindustrie du RPB A Me Louis IGNATIO-PINTO Nov

Juge a la Cour Internationale de Justice A M Idelphonse W LEMON Nov

bull C =Conciliator A = Arbitrator Except as otherwise indicated by a footnote each Panel Member Is a national of the Contracting State which designated him

bullbullbull Panel members whose terms have expired shall In accordance with Article 15(3) of the Conshyvention continue in office until their successors have been designated

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

3 1978

6 1983

28 1978

28 1978

17 1983

6 1983

28 1978

17 1983

6 1983

30 1981

30 1981

30 1981

30 1981

9

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 10: HRnn - International Centre for Settlement of Investment ...

3 (continued)

CONTRACTING STATE NAME Terminal Dale Panel Title of Designation u

CENTRAL AFRICAN EMPIRE

A M Victor BOUCHER Directeur General du Commerce et de llndustrie

A M Celestin GAOMBALET Directeur au Commissariat au Tresor Public

C M Michel GRISS-BEMBE Procureur General pres de la Cour Supreme

C M Fidele MANDABA-BORNOU President de la Cour Supreme

C M Joseph MANDE-DJAPOU Conseiller a la Cour Supreme

C M SOBANGUE LEVY Conseiller a la Cour dAppel

CHINA

C Mr Hsioh-kwen SHAO Deputy Director-General Board of Foreign Trade

Ministry of Economic Affairs A Mr Paul Chung-Tseng TSAI

Attorney-at-law A Dr Joseph K TWANMOH

Attorney-at-law C Mr Philip WANG

Representative of Taiwan Investment Services

CYPRUS

C A Mr Nicos G DIMITRIOU Chairman Electricity Authority of Cyprus

C A Mr Paschalis L PASCHAllDES Executive Chairman Hellenic Mining Co Ltd

C A Mr Criton G TORNARITIS Attorney-General

C A Mr Michael A TRIANTAFYLLIDES President Supreme Court

DENMARK

C A Mr I FOIGHEL Professor LLD

C A Mr Henning KROG High Court Judge

C A Mr Hans President Maritime and Commercial Court

C A Mr Jrprgen TROLLE Retired President of the Supreme Court

FINLAND

CA Dr Bengt H G A BROMS Professor of International and Constitutional Law

University of Helsinki

FRANCE

CAM Jean-Jacques DE BRESSON Conseiller dEtat

A M Rene Jean DUPUY Professeur Faculte de Droit et des Sciences

Economiques de Nice

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

Aug 28 1980

May 20 1981

May 20 1981

May 20 1981

May 20 1981

Jul 9 1979

Jul 9 1979

Jul 9 1979

Jul 9 1979

20 1979

Aug 20 1979

Aug 20 1979

Aug 20 1979

Dec 6 1980

Jun 17 1980

Jun 17 1

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 11: HRnn - International Centre for Settlement of Investment ...

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

FRANCE (continued)

C M Jean PORTEMER Jun 17 1980 Conseiller a la Cour de Cassation

C A M Paul J M REUTER Jun 17 1980 Professeur Universite de Droit dEconomie et de

Sciences Sociales de Paris C M Henry TOUBAS Jun 17 1980

Avocat General a la Cour de Cassation A M Michel VIRALL Y Jun 17 1980

Professeur a Universite de Droit dEconomie et de Sciences Sociales de Paris

GABON

C A M Leon AUGE Jun 24 1978 Ministre delegue a la Presidence de la Republique

C A M Jean-Pierre LEMBOUMBA Jun 24 1978 Commissaire au Plan

C A M Marc MBA-NDONG Jun 24 1978 Secretaire General du Minish3re des Affaires

Economiques du Commerce et de IEconomie Rurale C A M Jean Francois NTOUTOUME Jun 24 1978

Secretaire General du Conseil Gabonais des Chargeurs

Dr Ernst G BROEDER Apr 14 1982 Vorstandsmitglied Kfw

A Dr Ottoarndt GLOSSNER Jul 29 1982 Chief Corporation Lawyer AEG-Telefunken

A Dr Theodor HEINSIUS Jul 29 1982 Chief Corporation Lawyer Dresdner Bank AG

A Prof Dr Gunther JAENICKE Apr 14 1982 C Dr Paul KREBS Apr 14 1982

Generalbevollmachtigter Deutsche Bank AG A Dr Guenther SCHMIDT-RAENTSCH Jul 29 1982

Director Dept for Civil Law Federal Ministry of Justice C Mr Rudiger VON TRESCKOW Apr 14 1982

Geschaftsinhaber der Berliner Handelsshyund FrankfUrter Bank

C Dr Hans A WUTTKE Apr 14 1982 Member Management Board Dresdner Bank AG

GHANA

C Mr A E ANIN Jun 30 1983 Managing Director Ghana Commercial Bank

C Mr J ARTHUR Jun 30 1983 Barrister-at-Law

C The Hon Mr Justice G R M FRANCOIS Jun 30 1983 Judge of the Supreme Court

C Mr T A TOTOE Jun 30 1983 Barrister-at-Law

A The Hon Mr Justice I K ABBAN Jun 30 1983 High Court Judge

A Dr S K B ASANTE Jun 30 1983 Deputy Attorney-General

A Dr G KORANTENG-ADDOW Jun 30 1983 Attorney-General and Commissioner for Justice (Ghana) (continued) 11

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 12: HRnn - International Centre for Settlement of Investment ...

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panel Title of Designationmiddot

GHANA (continued)

A Mr C B K ZWENNES Barrister-at-Law

GUINEA CAM Mamba SANO

Assistant Institut National des Recherches C A Me Sy Savane SOULEYMANE

Inspecteur General des Services dEtat a la Presidence de la Republique de Guinee

GUYANA C Mr Hubert Oswald Earle BARKER AA

Retired Secretary to the Treasury A Mr Brynmor T I POLLARD AA SC

Chief Parliamentary Counsel

INDONESIA C A Mr S H ATMODININGRAT

Retired Senior OffiCial Ministry of Finance C A Mr Byanti KHARMAWAN

Executive Director International Monetary Fund C A Prof Dr Mochtar KUSUMAATMADJA

Professor of International Law C A Prof R SUBEKTI

Chief Justice Supreme Court of Justice

JAMAICA A Mr Harvey L DA COSTA

Barrister and Attorney-at-Law C Mr Oswald H DUNN

Attorney-at-Law C Mr Felix Malcolm FOX C Norman HILL Esq QC

Attorney-at-Law C Mr Mayer Michael MATALON

Director Industrial Commercial Developments A David M MUIRHEAD Esq ac LLB

Barrister-at-Law A Dr Kenneth O RATTRAY

Privy Councillor A Mr Deryck H F STONE

Attorney-at-Law

JAPAN C Mr Morihisa EMORI

Executive Vice-President Mitsubishi Research Institute Inc A Mr Junji HIRAGA

President Showa Electric Wire and Cable Co Ltd A Mr Ichiro KATO

Professor Faculty of Law University of Tokyo A Mr Ichiro MATSUDAIRA

Adviser Board of Directors Bank of Tokyo A Mr Taiichiro MATSUO

President of Marubeni Corporation C Mr Hisashi MURATA

Executive Vice-PreSident Mitsui and Co Ltd C Mr Naokado NISHIHARA

President Dai-Ichi Mutual Fire and Marine Insurance Company

Jun 30 1983

Feb 10 1975

Feb 10 1975

Jun 17 1980

Jun 17 1980

Dec 31 1975

Dec 311975

Dec 31 1975

Dec 31 1975

Jul 10

Jul 10 1973

Jul 10 1973 Apr 16 1981

Jul 10 1973

Apr 16 1981

Jul 10 1973

Apr 16 1981

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17 1980

Dec 17

(continued)

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 13: HRnn - International Centre for Settlement of Investment ...

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Deslgnation-

JAPAN (continued)

C Mr Kumao NISHIMURA Member Permanent Court of Arbitration

JORDAN C A Mr Ahmad T AL-KHALIL

Advocate C A Mr Faiq Farah HALAZUN

Retired Judge Supreme Court and High Court of Justice C A Dr Hisham R HASHEM

Advocate

KENYA A Mr B Mareka GECAGA

Chairman and General Manager BAT Kenya Ltd A Mr James F H HAMILTON

Advocate C Mr Brian H HOBSON

IIni Director East African Breweries Ltd C Mr Samuel N WARUHIU

Advocate

KOREA C Mr Kyoung Mo CHEUNG

Attorney-at-law Mr Won Hoon CHUNG

Director and Deputy President Korea Exchange Bank A Mr Chong Dai KIM

Executive Vice-President Korea Chamber of Commerce and Industry

C Mr Ip Sam KIM Deputy Chairman

The Federation of Korean Industries C Mr Suk Yoon KOH

Attorney-at-law A Mr Chang Soo LEE A Mr Chung Soo OH

Chairman Board of Directors Korean Arrowroot Fibre Craft Company Ltd

A Mr Pom Sik OH President Honam Power Co Ltd

LESOTHO C A The Hon Mr Justice J T MAPETLA

Chief Justice of Lesotho CA The Hon Mr Justice M P MOFOKENG

Puisne Judge C Mr T T THAHANE

Executive Director World Bank Group

LUXEMBOURG C A Dr jur Ernest ARENDT

Avocat-avoue C A M Alex BONN

Avocat-avoue C A M Joseph KAUFFMAN

Docteur en Droit M Fernand ZURN

Avocat-avoue

Dec 17 1980

Jun 20 1979

Jun 20 1979

Jun 20 1979

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jul 25 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973

Jun 30 1973 Jun 30 1973

Jun 30 1973

Aug 16 1980

May 2 1983

Aug 16 1980

Dec 30 1981

Dec 30 1981

Dec 30 1981

Dec 30 1981

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 14: HRnn - International Centre for Settlement of Investment ...

C

Annex 3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of DeSignation

MADAGASCAR A M Cesaire MANJAKAVELO

Magistrat-Avocat general M Zafimahery RAFAMATANANTSOA

Avocat general a la Cour Supreme A M Henri RAHARIJAONA

Ambassadeur C M Honore RAKOTOMANANA

Directeur General des Finances au Ministere des Finances et du Plan

A M Justin RAKOTONIAINA Professeur de Droit des Affaires a la Faculte

de Droit de Tananarive C M Raymond RANJEVA

Professeur Agrege a lUniversite de Madagascar A M Edilbert RAZAFINDRALAMBO

Premier President de la Cour Supreme C MTOAZARA

President du Conseil Superieur des Institutions

MAURITANIA CAM Victor A R BERGER-VACHON I

Professeur a la Faculte de Droit et des Sciences Economiques de Paris

CAM Pierre LAMPUE I Professeur honoraire a la Faculte de Droit et des

Sciences Economiques de Paris CAM Henry SOLUS I

Professeur honoraire a la Faculte de Droit et des SCiences Economiques de Paris

CAM Georges H VEDEL I Professeur a lUniversite de Droit dEconomie

et de Sciences Sociales de Paris

MAURITIUS C A Mr Jean Marc DAVID QC

Barrister C A Mr A Hamid MOOLLAN

Barrister

MOROCCO CAM Bensalem AHMED

Tresorier General Ministere des Finances C A Mr Abdellaziz A FILALI

Premier President de la Cour dAppel de Casablanca CAM Othmane SLiMANI

Secretaire General du Ministere des Finances CAM Ahmed ZEGHARI

Premier President de la Cour Speciale de Justice

NETHERLANDS C Prof Mr H J HOFSTRA

Em Professor of Law University of Leyden C Dr Marius W HOLTROP

Retired President De Nederlandsche Bank NV C Prof Dr P KUIN

Professor of General Management at the Erasmus University

~itiOriaiitv French

May 28 1981

May 28 1981

May 28 1981

Jun 8 1983

May 28 1981

May 28 1981

May 28 1981

May 28 1981

Jul 31 1973

Jul 11

Jul 11 1973

Jul 11 1973

Jun 9 1982

Jun 9 1982

Aug 22 1980

Aug 22 1980

Aug 22 1980

Aug 22 1980

Jun 2 1981

Jun 2 1981

Jun 2 1981

(COl

14

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 15: HRnn - International Centre for Settlement of Investment ...

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

NETHERLANDS (continued)

C A Prof Mr P LlEFTINCK Jun 2 1981 A Prof Dr Pieter SANDERS Jun 2 1981

Professor at the Law Faculty of the Erasmus University

A Prof Dr J C SCHUL TSZ Jun 2 1981 Professor at the Erasmus University

A Mr C R C WIJCKERHELD BISDOM Jun 2 1981 Barrister

NIGERIA C Mr Musa BELLO Jun 21 1983

Permanent Secretary Federal Ministry of Finance C Mr Adamu CIROMA Jun 21 1983

Governor of Central Bank of Nigeria A Mr H F DAVID-WEST Jun 21 1983

Legal Adviser Federal Ministry of Justice A Mr Justice S J ECOMA Jun 21 1983

Judge of the Cross River State C Mr Anofi S GUOBADIA Jun 21 1983

ChairmanManaging Director Maiden Electronics Works Ltd

A Mr O JEMIYO Jun 21 1983 Principal State Counsel

Dr Michael OMOLAYOLE Jun 21 1983 Chairman Lever Brothers Nigeria Limited

A Mr Kehinde SOFOLA Jun 21 1983 Private Legal Practitioner

NORWAY C A Mr Per BRUNSVIG May 22 1980

Doctor juris Barrister of the Supreme Court C A Mr Oscar C GUNDERSEN May 22 1980

Supreme Court Judge C A Mr Jens Chr HAUGE May 22 1980

Barrister of the Supreme Court C A Mr Axel HEIBERG May 22 1980

Judge of the Supreme Court

PAKISTAN A Mr Malik Abdul HAMID Jul 4 1979

Retired High Court Judge C Mr Quazi Mohammad ISA Jul 4 1979

Barrister-at-Law C Mr Malik Mohammad JAFFAR Aug 18 1981

Advocate C Mr Mohammad Afzal KHAN Jul 4 1979

Retired High Court Judge A Justice Feroze NANA Aug 9 1979

Retired Judge A Mrs Rashida PATEL Aug 18 1981

Advocate C Mr A A ZARI Aug 18 1981

Advocate A Mr Mian ZIAUD-DIN Aug 18 1981

Barrister-at-Law

MANIA A Mrs Florica ANDREI Dec 4 1981

Member of the Supreme Court (continued) 15

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 16: HRnn - International Centre for Settlement of Investment ...

3 (continued)

CONTRACTING STATE NAME Terminal Date Panel Title of Designation

ROMANIA (continued)

A Mr Virgil ANTON Dec 4 1981 Member of the Supreme Court

C Mr Constantin BEJENARU Dec 4 1981 Counsellor at the Legislative Council

C Mr Nicolae DUTA Dec 4 1981 Deputy Director Ministry of Finance

A Mr loan FILIP Dec 4 1981 Counsellor at the Legislative Council

A Mr Teodor PETRESCU Dec 4 1981 Chief Justice Constantza County Court

C Mr Teoti POP Dec 4 1981 Deputy Director Ministry of Justice

C Mr Romul VONICA Dec 4 1981 Chief Justice Jassy County Court

SENEGAL

A M Hamet DIOP May 21 1973 Directeur General de la Banque Nationale de Developpement

A M Keba MBAYE May 21 1973 Premier President de la Cour Supreme

A M Amadou Tidiane NDIAYE Mar 8 1983 Directeur du Financement du Plan

A M Amadou SOW May 21 1 Directeur General de lUnion Senegalaise de Banque

SRI LANKA

A Mr Hector ABHAYAVARDHANA Jun 10 1974 Chairman Peoples Bank

C Mr R H DE MEL Jun 10 1974 C Mr Tilak E GOONERATNE Jun 10 1974

Ambassador for Sri Lanka to the EEC and Benelux C Mr Chelliah LOGANATHAN Jun 10 1974

Retired General Manager Development Finance Corporation of Sri Lanka

A Mr Miliani C SANSONI Jun 10 1974 Retired Chief Justice Supreme Court of Sri Lanka

A Mr N SINNETAMBY Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

C Mr Lionel A WEERASINGHE Jun 10 1974 Retired Auditor General of Sri Lanka

A Mr H W R WEERASOORIYA Jun 10 1974 Retired Justice Supreme Court of Sri Lanka

SWEDEN

C Mr Gunnar GLiMSTEDT Sep 6 1979 General Counsel and Director of Aktiebolaget

Svenska Kullagerfabriken C Mr Ove KJELLGREN Sep 6 1979

Vice-President Administration Luossavaara-Kiirunavaara AB A H E Gunnar LAGERGREN Sep 6 1979

Marshal of the Realm C Mr Erik LEIJONHUFVUD (LiONHEAD) Sep 6 1979

Adviser A Mr Sten RUDHOLM Sep 6

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 17: HRnn - International Centre for Settlement of Investment ...

CONTRACTING STATE NAME Terminal Date Panelmiddot TlUe of Designation U_

SWEDEN (continued)

C Mr Sten SILJESTROM Sep 6 1979 Corporate General Counsel and Vice-President

of ASEA AB A Mr Ivan WALLENBERG Sep 6 1979

President Supreme Restitution Court for Berlin

SWITZERLAND

C M Gerard BAUER Jul 31 1983 President de la Federation horlogere suisse

A M lAmbassadeur R L BINDSCHEDLER Nov 27 1980 Jurisconsulte du Departement Polltique Federal

A M Pierre CAVIN Jul 31 1983 Juge federal

A M Pierre A LAUVE Nov 27 1980 Professeur a lUniversite de Geneve et a Ilnstitut Universitaire

de Hautes Etudes Internationales C M Guido G LEPORI Nov 27 1980

Ancien Ambassadeur de Suisse C M Pierre Jean POINTET Nov 27 1980

Professeur a lUniversite de Neuchatel C M Eberhard REINHARDT Nov 27 1980

Membre du Conseil dAdministration du Credit Suisse A M Alfred E VON OVERBECK Nov 27 1980

Professeur et Recteur de lUniversite de Fribourg

TOGO

C A Me Ayite DALMEIDA Sep 18 1973 Avocat Defenseur

C A Me Lucien OLYMPIO May 17 1978 Magistrat

C A Me Leonidas QUASHIE Sep 18 1973 Magistrat

C A Me Anani Ignacio SANTOS Sep 18 1973 Avocat Defenseur

TUNISIA

A M Moncef BEL HADJ AMOR Jan 29 1979 Ministre Charge des Relations avec IAssemblee Nationale

et Secretaire General du Gouvernement C M Hassen BELKHODJA Jan 29 1979

President Directeur General de la Societe Tunisienne de Banque C M Moncef BELKHODJA Jan 29 1979

President Directeur General de la Banque Nationale de Tunisie

C M Mohamed BOUSBIA Jan 29 1979 Directeur General de la Banque Centrale de Tunisie

C M Khaled CHAABOUNI Jan 29 1979 Directeur des Investissements au Ministere du Plan

A M Mohamed Hedi ENNIFER Jan 29 1979 President Directeur General de la

Societe Tunisienne dAssurance et de Reassurance A M Kamel GORDAH Jan 29 1979

Directeur des Conventions et du Contentieux de IEtat A M Mohamed SNOUSSI Jan 29 1979

Conseiller Juridique et de Legislation au Premier Ministere 17

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 18: HRnn - International Centre for Settlement of Investment ...

Annex 3 (continued)

CONTRACTING STATE NAME bullbull Terminal Date Panelmiddot Tille of Designationmiddotmiddot

UGANDA

A Mr Godfrey L BINAISA ac Oct 30 1973 Barrister

A Mr Tom Walter BURUKU Mar 28 1979 Leaf Manager BAT (Uganda) Ltd

C Mr Y KYESIMIRA Oct 30 1973 Lecturer in Economics Makerere University

A Mr C MBOIJANA Oct 30 1973 Barrister

C Mr D J K NAB ETA Oct 30 1973 ChairmanManaging Director National Insurance

Corporation C Mr Semei NYANZI Oct 30 1973

Chairman of Uganda Development Corporation C Dr J J OLOYA Oct 30 1973

Special Lecturer in Agricultural Economics

UNITED KINGDOM

A Mr Maurice E BATHURST CMG CBE ac Aug 1 1980 Barrister

A The Hon Sir Robert L A GOFF DCL Aug 1 1980 High Court Judge

C Lord GREENWOOD OF ROSSENDALE PC JP Aug 9 19 Pro-Chancellor University of Lancaster

Chairman Local Government Staff Commission A Mr Charles Eliot JAUNCEY ac Aug 1 1980

Advocate C The Rt Hon Aubrey JONES PC Aug 9 1980

Economist Consultant A Mr Elihu LAUTERPACHT ac Aug 1 1980

Legal Adviser C Sir Frederick (Cecil) MASON KCVO CMG Aug 9 1980

Director New Court Natural Resources Ltd C The Hon A Maxwell STAMP Aug 9 1980

Chairman Maxwell Stamp Associates Ltd

UNITED STATES OF AMERICA

C Mr Nathaniel J ELY Aug 2 1980 Attorney and Counselor-at-Law

C Mr William H G FITZGERALD Aug 2 1980 First Vice-President Hornblower and

Weeks-Hemphill Noyes Inc A Mr Dixon HARWIN Aug 2 1980

Professor of Economics Glendale College A Mr John Finlay HOTCHKIS Aug 2 1980

Vice-President Everett Harris and Co C Mr Gilbert L MATON Aug 2 1980 C The Hon Betty Southard MURPHY Aug 2 1980

Chairman National Labor Relations Board A Mr Henry SALVATORI Aug 2 1980

Chairman of the Board Grant Oil Tool Co A Mr Hen~ E SEYFARTH Aug 2 19

Attorney18

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 19: HRnn - International Centre for Settlement of Investment ...

CONTRACTING STATE NAME Terminal Date Panelmiddot Title of Designationmiddot

UPPER VOLTA

CAM James LECARDEUR I

Inspecteur General dEtat CAM Hyacinthe OUEDRAOGO

Directeur Sopixolta Piles Wonder CAM K Lazara SORE

Directeur du Commerce Ministere des Finances et du Commerce

CAM Charles S TRAORE President de la Cour Supreme

YUGOSLAVIA

C A Prof Dr Ksente BOGOEV Professor Faculty of Economies Skopje University

C A Prof Dr Stojan CIGOJ Professor Faculty of LawvLjubljana University

C A Prof Dr Aleksandar GOLDSTAJN Professor Faculty of Laws Zagreb University

C A Prof Dr Vladimir JOVANOVIC Professor Faculty of Laws Belgrade University

May 31 1973

May 31 1973

May 31 1973

May 31 1973

Jan 15 1974

Jan 15 1974

Jan 15 1974

Jan 15 1974

ART II Designating Authority Chairman of the Administrative Council NAMEmiddot Terminal Date

Panel Title of Designation

A Mr Fuad ROUHANP Nov 19 1980 Ambassador

Nationality French 2 Nationality Iranian 19

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 20: HRnn - International Centre for Settlement of Investment ...

N 0 Annex 4

Provisions Relating to leSID in International Agreements and National Investment Laws (As of June 30 1977)

PART I Provisions Relating to ICSID in International Agreements

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Appl icati on Force

AustriaRomania Sept 30 1976

Reciprocal Promotion Protection and Guarantee of Investments

German Romanian

ILW (Romania)

(not yet published in Official Gazette)

(to be published)

Art 5

Belgium Indonesia Jan 15 1970

Jan 15 1970

June 17 1972

Encouragement and Reciprocal Protection of Investments

English ILW (Indonesia)

Moniteur Beige (Belgium) Aug 31 1972 p 9449

Section 1 4C-41

Art 10

BelgiumZaire Mar 28 1976

Jan1 1977

Reciprocal Encouragement of Investments

French ILW (Zaire)

Moniteur Beige (Belgium) Aug 28 1976 p 10752

Section 94E-41

Art 8

Belgo-Luxembourg Economic Union Korea

Dec 20 1974

Dec 20 1974

Sept 3 1976

Encouragement and Reciprocal Protection of Investments

English ILW (Korea) Section 124G-42

Moniteur Beige Art 8 (Belgium) Sept 24 1976 p 12018

Cameroon Netherlands Feb 26 1971

Mar 12 1971

June 23 1973

Exchange of Letters addition to the Agreement on Economic and Technical

French ILW (Cameroon)

Tracta~nblad (Netherlands) 1971 No 108

Appendix to Part 4C of Title 29

Art 6 ter

Cooperation

ChadItaly June11 1969

Protection and Promotion of

French Italian

ILW (Chad) (to be published)

Capital Investme-

(not yet published in Official Gazette)

Art 7

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 21: HRnn - International Centre for Settlement of Investment ...

EgyptFrance Dec 22 1974

Dec 22 1974

Oct 1 1975

Encourl lent and Reciprocal Protection of

French ILW (Egypt) Section 144F-41 Section 144F-51

Investments Official Gazette Art 7 (France) Nov 8 1975 p 11486

Art 8 Art 9

EgyptRomania May 10 1976

Jan 22 1977

Reciprocal Promotion and Guarantee of

Arab English Romanian

ILW (Romania)

Official Bulletin

(to be published)

Art 3 Investments (Romania) No 93

of Nov 4 1976

EgyptUnited Kingdom June 11 1975

June 11 1975

Feb 24 1976

Promotion and Protection of Investments

English ILW (Egypt)

UK Docshy

Section 144E-41

Art 8

FranceEgypt (see EgyptFrance)

Egypt No3 (1975) CMND 6141

France Indonesia June 14 1973

June 14 1973

April 29 1975

Encouragement and Protection

English French

ILW (Indonesia) Section 1 4H-32 Section 1 4H-52

of French Investments in Official Gazette Art 3 Indonesia (France) Aug 1

1975 p 7820 Art 5

FranceKorea Jan 22 1975

Jan 22 1975

Encouragement and Protection of French

French Korean

ILW (Korea)

Official Gazette

Section 124F-41

Art 2 Investments in Korea

(France) May 7 1975 p 4628

FranceMalaysia April 24 1975

Sept 1 1976

Guaranty of Investments

Bahasa-Malaysia

French

ILW (Malaysia) Section 54E-41 Section 54E-51

(not yet published in Official Gazette)

Art 5 Art 6

France Mauritius Mar 22 1973

Mar 1 1974

Protection of Investments

French ILW (Mauritius) (to be published)

Official Gazette Art 9 (France) May 18 1974 p 5367

N

LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 22: HRnn - International Centre for Settlement of Investment ...

N N Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

FranceMorocco July 15 Reciprocal Arab ILW (Morocco) Section 234E-41 1975 Protection French

Encouragement (not yet published Art 10 and Guaranty in Official Gazette) of Investments

FranceRomania Dec 16 Reciprocal French ILW (Romania) (to be published) 1976 Encouragement Romanian

Protection and (not yet published Art 8 Guarantee of in Official Gazette) Investments

FranceSingapore Sept 8 Oct 18 Promotion English ILW (Singapore) Section 364E-42 1975 1976 and Protection French

of Investments Government Art 6 Gazette Art 7(2) (Singapore) Nov 7 1975 No 31 p 17

FranceTunisia June 30 June 30 Protection of French ILW (Tunisia) Section 34D-51 1972 1972 Investments

Official Gazette Art 2 (France) Oct 28 Art 3 1972 No 253 p11309

FranceYugoslavia Mar 28 Mar 3 Protection of French ILW (Yugoslavia) Section 748-51 1974 1975 Investments Section 748-52

Official Gazette Art 2 (Yugoslavia) 1975 Art 7 No4 Official Gazette (France) May 12-131975 p481359

FranceZaire Oct 5 Mar1 Protection of French ILW (Zaire) Section 94D-41 1972 1975 Investments

Official Gazette Art 9 (Zaire) Sept 16 1975 p 9507

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 23: HRnn - International Centre for Settlement of Investment ...

Germany Ivory Coast Oct 27 June 10 Encou~ ant French IloW (Ivory Coast) Section 1040-41 1966 1968 and MUf lial

Protection of Capital Investments

IndonesiaBelgium (see Belgium Indonesia)

Indonesia France (see France Indonesia)

Indonesia Netherlands July 7 July 7 July 17 Economic 1968 1968 1971 Cooperation

IndonesiaUnited Apr 27 Promotion and Kingdom 1976 Protection of

Investments

ItalyChad (see Chad Italy)

ItalyIvory Coast July 23 Protect and 1969 Promote Capital

Investments

ItalyRomania Jan 14 Reciprocal 1977 Promotion and

Guarantee of Investments

Ivory CoastGermany (see Germany Ivory Coast)

Ivory CoastItaly (see ItalyIvory Coast)

-JLW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements aHecting investments

N W

German

English

English

French

Italian Romanian

BGB (Germany) 1-1968-II-p61

ILW (Indonesia)

Tractatenblad ( Netherlands) 1968 No 88

ILW (Indonesia)

UK OocshyIndonesia No1 (1976) CMNO 6490

ILW (Ivory Coast)

Official Gazette (Ivory Coast) Sept 23 1971 p 1389

ILW (Romania)

(not yet published in Official Gazette)

Art 11 (6)

Section 1 40-41

Art 11 Protocol

Section 1 41-41

Art 7

Section 104E-41

Art 7

(to be published)

Art 4

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 24: HRnn - International Centre for Settlement of Investment ...

N j

Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

Ivory CoastNetherlands Dec 31 Additional French ILW (Ivory Coast) Appendix to Part 1971 Protocol to the 4C of Title 10

Agreement on Economic and Tractatenblad Art 2 Technical (Netherlands) Cooperation 1972 No 21

Kenya Netherlands Sept 11 Economic English LLW (Kenya) Section 11 4C-41 1970 Cooperation

Tractatenblad Art 11 (Netherlands) 1970 No 166

KoreaBelgo-Luxemburg Economic Union (see Belgo-Luxemburg Economic Union Korea)

KoreaFrance (see FranceKorea)

Korea Netherlands Oct 16 July 1 Promotion of English LW (Korea) Section 12 40-41 1974 1975 Investments

Tractatenblad Art 6 (Netherlands) 1974 No 220

KoreaUnited Kingdom Mar 4 Mar 4 Promotion and English LLW (Korea) Section 124E-41 1976 1976 Protection of Korean

Investments Treaty Series Art 8 (UK) No 45 (1976) CMND 6510

MalaysiaFrance (see FranceMalaysia)

MalaysiaNetherlands June 15 Sept 13 Economic Bahasashy LLW (Malaysia) Section 540-42 1971 1972 Cooperation Malaysia

Dutch Tractatenblad Art 12 English (Netherlands)

1971 No 152 Mauritius France

(see FranceMauritius)

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 25: HRnn - International Centre for Settlement of Investment ...

MoroccoFrance (see FranceMorocco)

MoroccoNetherlands Dec 23 1971

23 1971

Economic Cooperation

French ILW (Morocco)

Tractatenblad

Section 2340-41

Art 13

NetherlandsIvory Coast Coast

Netherlands Kenya

NetherlandsM alaysia (see Malaysial

1 Oct 5 Exchange of French LW (Senegal) 1972 Letters

Feb 15 addition to the 1971 Agreement on Tractatenblad Art 5 fer

and Technical Cooperation

16 Sept 7 Economic English ILW (Singapore) Section 364C-41 Cooperation

Tractatenblad Art 1

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 26: HRnn - International Centre for Settlement of Investment ...

N ~ Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Reference Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

NetherlandsTunisia April 26 1971

July 16 1971

July 6 1972

Exchange of Letters addition to the Treaty on Encouragement of Capital Investments and

French LW (Tunisia)

Tractatenblad (Netherlands) 1971 No 156

Appendix to Part 4C of Title 3

Art 3 ter

Protection of Property

NetherlandsUganda April 24 1970

Economic Cooperation

English ILW (Uganda)

Tractatenblad

Section 154C-41

Art 12 (Netherlands) 1970 No 87

NetherlandsYugoslavia Feb 16 1976

Protection of Investments

English LW (Yugoslavia) Section 74C-41

Tractatenblad Art 6

RomaniaAustria (see AustriaRomania)

(Netherlands) 1976 No 40

RomaniaEgypt (see EgyptRomania)

Romania France (see FranceRomania)

RomaniaItaly (see ItalyRomania)

RomaniaUnited Kingdom Mar 19 1976

Nov 22 1976

ReCiprocal Promotion and

English Romanian

ILW (Romania) (to be published)

Protection of Official Bulletin Art 4

Senegal Netherlands (see Netherlands Senegal)

Investments (Romania) No 70 of July 141976

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 27: HRnn - International Centre for Settlement of Investment ...

SingaporeFrance (see France Singapore

Si ngapore Netherlands (see Netherlands Singapore)

Singapore United Kingdom

TunisiaFrance (see FranceTunisia)

TunisiaNetherlands (see Netherlands Tunisia)

Uganda Netherlands (see Netherlands Uganda)

United KingdomEgypt (see Egypt United Kingdom)

United Kingdom Indonesia (see IndonesiaUnited Kingdom)

United KingdomKorea (see KoreaUnited Kingdom)

United KingdomRomania (see Romania United Kingdom)

United Kingdom Singapore (see Singapore United Kingdom)

July 22 July 22 Promotion and 1975 1975 Protection of

Investments

I LW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Oceana Publications Dobbs Ferry NY and dealing on a country -by-country basis with laws and international agreements affecting investments N

l

English ILW (Singapore) Section 3640-41

Treaty Series (UK) No 151 (1975) CMNO 6300

Art 8

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 28: HRnn - International Centre for Settlement of Investment ...

N 00 Annex 4 (continued)

Parties to Treaty Dates Short Title Language of Referencemiddot Provisions Relating of Treaty Original Text to ICSID

Signature Provisional Entry into Application Force

YugoslaviaFrance (see France Yugoslavia)

Yugoslavia Netherlands (see Netherlands Yugoslavia)

ZaireBelgium (see BelgiumZaire)

Zaire France (see FranceZaire)

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 29: HRnn - International Centre for Settlement of Investment ...

Annex 4 PART II Provisions Relating to ICSID in National Investment Laws

Language of Provisions RelatingCountry Title Date Reference

Original Text to ICSID

Afghanistan Foreign and Domestic Private I nvestment Law

Feb 20 1967

Dari ILW (Afghanistan) Section 162A-1 01

Official Gazette Art 19 (Afghanistan) Feb 20 1967 No 72

Benin Peoples Republic of

Order No 72-1 of January 8 1972 Relating to the Investment Code

Jan 8 1972

French ILW (Dahomey)

Official Gazette

Section 302A-1 01

Art 51 (Benin) March 11972

Congo Peoples Republic of the

Order No 1173 of April 26 1973 Relating to the Investment Code

April 26 1973

French ILW (Congo)

Official Gazette (Congo) May 11973

Section 382A-1 02

Art 47

Egypt Arab Republic of

Law No 43 of 1974 Concernshying the Investment of Arab and Foreign Funds and the Free Zones

June 19 1974

Arab ILW (Egypt)

Official Gazette (Egypt) June 27 1974 No 26

Section 142A-1 01

Art 8

Ghana Capital Investments Decree 1973

Jan 9 1973

English ILW (Ghana)

NRCD (Ghana) No 141

Section 42A-1 01

Art 11

Madagascar Order No 73-057 Relating to the Investments Code

Sept 19 1973

French Malagasy

ILW (Malagasy Rep)

Official Gazette

Section 262A-121

Preamble (Malagasy Rep) Sept 21 1973 p3022

Niger Law No 74-18 of March 11 1974 Amending Laws No 68-24 of July 31 1968 and No 71-2 of January 29 1971 Relating to the Investment Code of Niger

March 11 1974

French ILW (Niger)

Official Gazette (Niger) March 15 1974

Section 252B-1 01

Art 27

N ~

ILW refers to Investment Laws of the World in English and French prepared by ICSID pubshylished by Ocsana Publ ications Dobbs Ferry NY and dealing on a country-by-country basis with laws and international agreements affecting investments

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 30: HRnn - International Centre for Settlement of Investment ...

0 CN

PART II Provisions Relating to leSID in Nationallnventment Laws (continued)

Language of Provisions Relating Country Title Date Reference

Original Text to ICSID

Senegal Law No 74-06 of April 22 1974 Concerning the Industrial Free Zone of

April 22 1974

French ILW (Senegal)

Official Gazette

Section 21 2C-1 01

Art 31 Dakar (Senegal) May 18 1974

No 4356 pp 740-745

Tunisia Law No 69-35 of June 26 1969 Relating to the Investment Code

June 26 1969

Arab ILW (Tunisia)

Official Gazette (Tunisia) June 27 1969 No 24 p 766

Section 32A-101

Art 20

Upper Volta Order No 70-74 PRESPLTP of December 311970 Relating to the Investment Code of the Republic of Upper Volta

Dec 31 1970

French ILW (Upper Volta)

Official Gazette (Upper Volta) Jan 14 1971 p32

Section 49 2A-101

Art 21

Zaire Law No 69-032 of June 26 1969 Relating to the Investment Code

June 26 1969

French ILW (Zaire)

Moniteur Congolais (Zaire) Nov 1 1969 No 21

Section 92A-1 02

Art 30 Explanatory

Statement

ILW refers to Investment Laws of the World in English and French prepared by lished by Oceana Publications Dobbs Ferry NY and dealing on a country-by-co laws and international agreements affecting investments

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 31: HRnn - International Centre for Settlement of Investment ...

Annex 5

Resolutions of the Administrative Council

The following resolutions were adopted by the Administrative Council at its Tenth Annual Meeting on October 7 1976

AC(10)RES32-APPROVAL OF THE ANNUAL REPORT The Administrative Council

RESOLVES To approve the Tenth Annual Report on the Operation of the Centre as set forth in the attachment to document AC763

AC(10)RES33-ADOPTION OF BUDGET FOR FISCAL YEAR 1977 The Administrative Council

RESOLVES To adopt for the period July 1 1976 to June 30 1977 the budget of revenues and expenditures set forth in paragraph 1 of document AC761

31

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 32: HRnn - International Centre for Settlement of Investment ...

Annex 6

Arbitration Proceedings (As of June 30 1977)

(1) HOLIDAY INNSOCCIDENTAL PETROLEUM vs GOVERNMENT OF MOROCCO

December 271971

January 13 1972

March 15 1972

March 23 1972

March 28 1972

April 16 1972

April 20 1972

May 16 1972

June 21972

June 151972

July 1-2 1972

September 1 1972

32 December 291972

(Case ARB172 1)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Morocco submitted by Holiday Inns SA a national of Switzerland and Occidental Petroleum Corporation a national of the United States acting in their own name and in the name and on behalf of Holiday Inns Inc as well as of Occidental Hotels of Morocco Inc and HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca is received at the Centre

Registration

The Secretary-General registers the request as having been made by Holiday Inns SA and Occidental Petroleum Corporation with a notation that these companies stated that they were acting in their own name and in the name and on behalf of certain other companies

Constitution of the Tribunal

Professor Paul Reuter (French) appointed by the Respondent accepts his appointment as arbitrator

Sir John Foster (British) appointed by the Claimants accepts his appointshyment as arbitrator

Judge Sture Petren (Swedish) appointed by the two other arbitrator cepts his appointment as President of the Tribunal

Proceedings

Preliminary session of the Tribunal (without the parties being present)

Opening session of the Tribunal at the seat of the Permanent Court of Arbitration in The Hague The Tribunal fixed as time-limits for the written pleadings June 20 1972 for the memorial of the Claimants and August 20 1972 for the counter-memorial of the Respondent The Claimants having anshynounced their intention to submit a request for provisional measures pursuant to Article 47 of the Convention the Tribunal granted the parties equal time for the submission of the request and the reply thereto

The request for provisional measures having been received by the Respondshyent on that date the reply became due on June 11 1972

At the request of the Respondent the President extends the time-limit for the reply to June 23 1972 (The Respondent did not submit a written reply)

Upon a request of the Claimants for an extension of the time-limit for their memorial the President fixes new time-limits for the deposit of the memorial and counter-memorial at July 20 1972 and October 20 1972 respectively

Session of the Tribunal in Paris at the European Office of the World Bank After oral argument by the parties the Tribunal on July 2 1972 recomshymended provisional measures to both parties At the request of the Claimants the Tribunal fixed new time-limits for the written pleadings until August 30 1972 for the filing of the memorial and until January 1 1973 for the countershymemorial

Claimants memorial delivered to the Centre

Respondents counter-memorial delivered to the Centre In its coumershy

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 33: HRnn - International Centre for Settlement of Investment ...

January 22 1973

March 2 1973

April 13 1973

May 19-20 1973

June 30-July 11973

September 17 1973

November 151973

December 141973

January 3 1974

March 14 1974

May 11-121974

August 22-25 1974 November 16-171974 February 19-22 1975 April 9 12 and 13 1975

December 30 1975

March 16 1976

memorial the Respondent raised an objection to jurisdiction pursuant to Rule 41 (1) of the Arbitration Rules

Procedural order by the Tribunal suspending the proceedings on the merits in accordance with Rule 41 (3) of the Arbitration Rules and fixing March 1 1973 as the time-limit within which the Claimants could file observations on the objection to jurisdiction

At the request of the Claimants the time-limit for their observations on the objection to ju risdiction is extended to April 13 1973

Claimants observations on the objection to jurisdiction delivered to the Centre

Session of the Tribunal (without the parties being present) On May 20 1973 the Tribunal made an Order denying a request by the Respondent for oral argument and allowing the parties to make further written submissions the Respondent by June 6 1973 and the Claimants by June 25 1973

The parties having made their additional submissions within the fixed timeshylimits the Tribunal convenes in order to decide on the objection to jurisdicshytion On July 1 1973 the Tribunal decided (i) that it was competent with respect to the dispute submitted to it (ii) that Holiday Inns SA Occidental Petroleum Corporation and Holiday Inns Inc were entitled to be parties to the proceedings (iii) that HISA Marrakech HISA Fes HISA Tanger and HISA Casablanca were not entitled to be parties to the proceedings (iv) that the question whether Occidental Hotels of Morocco Inc was entitled to be a party to the proceedings was joined to the merits and (v) that the parties should submit a reply and rejoinder respectively on the merits by Septemshyber 14 1973 for the Claimants and November 30 1973 for the Respondent

Claimants reply on the merits delivered to the Centre

At the request of the Respondent the time-limit for the rejoinder on the merits is extended to December 14 1973

Respondents rejoinder on the merits delivered to the Centre

The President agrees to a joint request by the parties to postpone the openshying of the oral procedure in order to permit them to explore the possibility of an amicable settlement

A further postponement of oral hearings is granted by the President upon request of the Claimants and in the absence of oppOSition by the Respondent

Session of the Tribunal in Paris A hearing is held on certain preliminary legal issues and a decision is rendered thereon on May 12 1974 The parties are expected to agree on a joint statement of questions to be presented to the Tribunal

Sessions of the Tribunal in Paris to hear oral argument on three sets of issues followed by interim decisions of September 23 1974 January 19 1975 and July 27 1975 respectively In the last decision the Tribunal invited the parties to examine prior to December 31 1975 the possibility of conshycluding certain supplemental agreements required to permit their reciprocal contractual obligations to be performed

In response to requests from both parties the President extends the above time-limit to February 28 1976

The parties having informed the Tribunal that the supplemental agreements could not be concluded the Tribunal renders a further interim decision disshysolving certain contractual bonds between the parties and invites the parties if they wish to modify their submissions in view of the decision to submit them to the Centre before June 16 1976 33

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 34: HRnn - International Centre for Settlement of Investment ...

Annex 6 (continued)

June 14 and 15 1976

July 27 1976

September 271976

October 28 1976

November 9 1976

December 141976

December311976

April 14 1977

June 201977

Modified submissions of the Respondent and the Claimants respectively delivered to the Centre

The Secretary-General informs the parties that the President has learned from Sir John Foster that the latter had accepted an appointment as outside director on the Board of Occidental Petroleum Corporation one of the Claimants

Messrs Sture Petrem and Paul Reuter meet to consider Sir John Fosters resignation which was submitted subject to the condition that the Claimants appoint his successor They decided (i) that the condition attached to the resignation was not a proper one and should be disregarded and (ii) to withhold the Tribunals consent to the resignation As a result the proceedshyings were suspended and the vacancy was to be filled pursuant to Article 56(3) of the Convention by the Chairman of the Administrative Council The Claimants objected to the Tribunals decision and reserved their rights with respect thereto

Professor J C Schultsz (Dutch) appointed by the Chairman of the Adminshyistrative Council to fill the vacancy created by Sir John Fosters resignation accepts his appointment and the proceedings are resumed

The Tribunal by a procedural order permits the parties to submit additional written observations on each others modified submissions not later than December 31 1976

Suspension of the proceedings upon the death of the President of the Tribunal Mr Sture Petren

The parties additional written observations on each others modified subshymissions delivered to the Centre

Resumption of the proceedings upon the acceptance by H E Gunnar a ershygren (Swedish) of his appointment as President of the Tribunal by the Chairman of the Administrative Council pursuant to Arbitration Rule 11

Meeting of H E Gunnar Lagergren with the Secretary-General to prepare the further conduct of the proceedings

(2) ADRIANO GARDELLA SpA vs GOVERNMENT OF IVORY COAST

March 61974

March 61974

June 111974

September 101974

October 4 1974

34 October 211974

(Case ARB1741)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Ivory Coast submitted by Adriano Gardella SpA a national of Italy is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Dominique Poncet (Swiss) appointed by the Respondent accepts his appointment as arbitrator

Mr Edouard Zellweger (Swiss) appointed by the Claimant accepts his appointment as arbitrator

Mr Andre Panchaud (Swiss) appointed by the two parties accepts his apshypointment as President of the Tribunal

Proceedings

Preliminary meeting of the Tribunal (without the parties being present)

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 35: HRnn - International Centre for Settlement of Investment ...

November 251974

December 24 1974

March 4 1975

March 21 1975

April 17 1975

June 31975

July 7 1975

July 81975

7 1975

September 10 1975

October 14 1975

November 19 1975

December 20 1975

January 14-161976

February 171976

March 11 1976

April 28 1976

November 29-30 1976

February 4 and 1977

May 5 and 1977

of prelimishynary procedural consultations under Rule Tribunal deshycides that the Claimant will deposit its memorial by December 30 1974 and that the Respondent will its counter-memorial within two months of the receipt of the rntgtrnnrilll

Receipt by the Centre of Claimants memorial

The time-limit for the counter-memorial is extended at the Respondents request to March 31 1975

Receipt by the Centre of Respondents counter-memorial which contains a counter-claim and an objection to the jurisdiction of the Tribunal over certain claims of the Claimant

The Tribunal meets and decides to deal first with the questions of liability raised by the respective submissions of the parties and the to limit their and to these questions The sets 5 1975 for of reply and September 15 1975 for submisshysion of Respondents rejoinder In view of the technical of the case the Tribunal decides to avail itself of the services of a advisor

At the Claimants request the President postpones the time-limit for the reply to July 0 1975

Receipt by the Centre of Claimants reply

Suspension of the proceedings upon the death of Mr Zellweger

Resumption of the nrrrrlin1laquo Hilqlles Michel Grossen (Swiss) the of Mr Zellweger

At the Re~$DainC1ents the President postpones the time-limit for the rejoinder to

Receipt by the Centre of Respondents rejoinder

The Tribunal authorizes the Claimant at its to submit a short note on new documents produced by the with its rejoinder by December 20 1975

Receipt by the Centre of the short note of the Claimant on new documents produced by the Respondent

The Tribunal meets in Geneva to hear witnesses and sets March 3-5 1976 as the dates on which it will hear those witnesses who could not be heard during the January session

The session of the Tribunal set for March 3-5 1976 is nn~tnlnr1 to later date because of the illness of the President of the

Suspension of the proceedings upon the death of Mr Andre Panchaud

Resumption of the upon the acceptance by Mr Pierre Cavin (Swiss) of his appointment by parties to replace Mr Panchaud

The Tribunal meets in Geneva to hear witnesses and decides to hold its next session in Geneva on February 4 5 and 7 1977 to hear oral argument by the parties on the issue of liability

Session of the Tribunal in Geneva to hear oral argument

Deliberations of the Tribunal after consultations with the parties The Presishydent indicates that he expects that the Tribunal will render its decision on the question of liability by the beginning of September 1977

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 36: HRnn - International Centre for Settlement of Investment ...

Annex 6 (continued)

(3) ALCOA MINERALS OF JAMAICA INC vs GOVERNMENT OF JAMAICA

June 171974

June 21 1974

October 25 1974

November 111974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

September 91975

September 291975

36 October 13 1975

(Case ARB742)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Alcoa Minerals of Jamaica Inc a national of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht ac (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administ Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Claimant to file by May 4 1975 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

The Claimant files with the Centre a request for procedural orders

Third session of the Tribunal (without the parties being present) The Tribunal gives preliminary consideration to Claimants request for procedural

Claimants memorial is delivered to the Centre

November 12 1975

January 19 1976

January 24-25 1976

March 12 1976

March 19 1976

March 27-28 1976

July 16 1976

July 261976

August 10 1976

mber 31976

February 22 1977

February 26-27 1977

The Tribunal decides on the Claimants request for procedural orders

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Fourth session of the Tribunal (without the parties being present) The Tribunal decides as requested by the Claimant to deal with the questions submitted to it pursuant to Article 45 of the Convention It further decides to invite the Claimant to file replies to and comments on questions formulated by the Tribunal

The Centre receives from the Claimant replies to the Tribunals questions and a request for oral hearings to be held in Washington DC on April 19 1976

Claimant requests postponement of the oral hearings

Fifth session of the Tribunal (without the parties being present) The Tribunal invites the Claimant to file replies to further questions from the Tribunal and orders oral hearings to begin in Washington DC on September 7 1976

The Centre receives from the Claimant replies to the Tribunals questions and a request for postponement of the oral hearings

The President grants the request for postponement of the oral hearings A new date is to be set later

The Centre receives further replies to the Tribunals questions from the Claimant

Oral hearings are set for April 11 19n in Washington DC

Discontinuance of Proceedings

The Centre receives a joint request by the parties to note discontinuance of the proceedings in the following terms

WHEREAS proceedings were instituted by Alcoa Minerals of Jamaica Inc against the Government of Jamaica on the 17th day of June 1974 and

WHEREAS the Tribunal by its Decision adopted on the 6th day of July 1975 found that it had jurisdiction and competence over the subject matter of the proceedings and

WHEREAS the parties have agreed on the settlement of the dispute and further to discontinue the proceedings herein

NOW THEREFORE Alcoa Minerals of Jamaica Inc and the Government of Jamaica do hereby request this Honorable Tribunal to take note in acshycordance with Arbitration Rule 43(1) of the discontinuance of the proceedshyings and to have the same entered of record and published

Sixth session of the Tribunal (without the parties being present) The Tribunal issues an order noting the discontinuance of the proceedings pursuant to Arbitration Rule 43(1)

(4) KAISER BAUXITE COMPANY vs GOVERNMENT OF JAMAICA (Case ARB743)

Procedural Data

The Request

71974 A request for the institution of arbitration proceedings against the Governshyof Jamaica submitted by Kaiser Bauxite Company a national of the United States of America is received at the Centre 37

Annex 6 (continued)

June 21 1974

October 25 1974

November 81974

December 131974

December 141974

February 3 1975

February 27 1975

April 1 1975

April 2-3 1975

May 51975

June111975

July 5-6 1975

August 6 1975

January 2 1976

March 29 1976

Septem ber 16 1976

October 12 1976

February 10 1977

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimant accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimant requests that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jcentrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimant accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimant The Respondent does not appear The Tribunal orders the Cia to file by May 4 1974 a memorial as to the jurisdiction of the Tribuna the competence of the Centre together with a statement of the nature ot l e claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimant to file a memorial by October 12 1975 Respondent to file a counter-memorial by January 19 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1975 to January 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from January 12 1976 to April 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from April 12 1976 to October 12 1976

At the Claimants request the President extends the time-limit for filing the memorial from October 12 1976 to November 1 1976

At the Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Discontinuance of Proceedings

The Claimant notifies the Tribunal that on February 2 1977 it has con an agreement with Jamaica which provides a basis for final settlement ~ dispute between the parties and requests discontinuance of the proceed ings 38

February 26-271977 Third session of the Tribunal (without the parties being present) The Tribunal issues a procedural order pursuant to Arbitration Rule 44 noting the disshycontinuance of the proceedings

(5) REYNOLDS JAMAICA MINES LTD AND REYNOLDS METALS COMPANY vs GOVERNMENT OF JAMAICA

June 17 1974

June 211974

October 251974

November 11 1974

December 13 1974

December 14 1974

February 3 1975

February 271975

April 1 1975

April 2-3 1975

May 51975

June 11 1975

July 5-6 1975

August 9 1975

(Case ARB1744)

Procedural Data

The Request

A request for the institution of arbitration proceedings against the Governshyment of Jamaica submitted by Reynolds Jamaica Mines Ltd and Reynolds Metals Company nationals of the United States of America is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Elihu Lauterpacht QC (British) appointed by the Claimants accepts his appointment as arbitrator

The Government of Jamaica having failed to appoint an arbitrator the Claimants request that the Chairman of the Administrative Council pursuant to Article 38 of the Convention and Arbitration Rule 4 appoint two arbitrators and designate one of these arbitrators to be the President of the Tribunal

Mr Jqrgen Trolle (Danish) appointed by the Chairman of the Administrative Council accepts his appointment as President of the Tribunal

Mr Fuad Rouhani (Iranian) appointed by the Chairman of the Administrative Council accepts his appointment as arbitrator

The Tribunal consents to Mr Elihu Lauterpachts resignation

Sir Michael Kerr (British) appointed by the Claimants accepts his appointshyment as arbitrator

Proceedings

Preliminary session of the Tribunal (without the parties being present)

First session of the Tribunal in Washington DC in the presence of the Claimants The Respondent does not appear The Tribunal orders the Claimants to file by May 4 1974 a memorial as to the jurisdiction of the Tribunal and the competence of the Centre together with a statement of the nature of the claim and the relief sought and the Respondent to file a counter-memorial by June 11 1975

Claimants memorial is delivered to the Centre

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Second session of the Tribunal (without the parties being present) The Tribunal fixes time-limits for further pleadings on the jurisdiction of the Centre and the competence of the Tribunal Claimants to file a memorial by August 9 1975 Respondent to file a counter-memorial by September 13 1975

The Claimants memorial is delivered to the Centre 39

Annex 6 (continued)

September 131975

September 29-301975

November 19 1975

February 25 1976

June 11976

September 161976

October 121976

February 11 1977

February 26-271977

(6)

June 7 1976

October 5 1976

November 17 1976

November 24 1976

February 18 1977

The time-limit for the counter-memorial expires without the Centre having received any documents from the Respondent

Third session of the Tribunal (without the parties being present) The Tribunal decides that the Centre has jurisdiction and that the Tribunal is competent It fixes time-limits for pleadings on the merits Claimants to file a memorial by December 5 1975 Respondent to file a counter-memorial by February 8 1976

At Claimants request the President extends the time-limit for filing the memorial from December 51975 to March 51976

At Claimants request the President extends the time-limit for filing the memorial from March 5 1976 to June 5 1976

At Claimants request the President extends the time-limit for filing the memorial from June 5 1976 to September 15 1976

At Claimants request the President extends the time-limit for filing the memorial from September 15 1976 to November 1 1976

At Claimants request the President extends the time-limit for filing the memorial from November 1 1976 to February 12 1977

Claimants memorial is delivered to the Centre

Fourth session of the Tribunal (without the parties being present) The Tribunal orders the Respondent to file a counter-memorial on the merits by September 8 1977

GOVERNMENT OF GABON vs SOCIETE SERETE SA (Case ARB761)

Procedural Data

The Request

A request for the institution of arbitration proceedings against Societe SERETE SA a national of France submitted by the Government of Gabon is received at the Centre

Registration

The Secretary-General registers the request

Constitution of the Tribunal

Mr Victor-Gaston Martiny (Belgian) appointed by the Claimant accepts his appointment as arbitrator

Mr Hans Spitznagel (Swiss) appointed by the Respondent accepts his apshypointment as arbitrator

Mr Pierre Tercier (Swiss) appointed by the two parties accepts his appointshyment as President of the Tribunal

Proceedings

(Neither party has taken any step in the proceedings The Centre ha informed that an agreement has been reached but has not yet rec request for discontinuance of the proceedings) 40

Annex 7

Expressed in United States dollars YEAR ENDED JUNE 30 1977

Expenditures on behalf of Centre by International Bank for Reconstruction and Development Staff personal services _______________________________________________________________________________________________ _ $ 51900 Contractual services and travel _________________________________________________________________________________ _ 109959Pri n tin g ___________________________________________________________________________________________________________________________ _ 20760

$182619 Less Reimbursements by Centre from sale of

pu bl icatio ns and reg istration fees ______________________________________________________ __________________ _ ------

Contribution of services to Centre by International Bank for Reconstruction and Development _________________________________________________________________________ (181410)

Advances to Centre from parties to arbitration proceedings and International Bank for Reconstruction and Development ___ ____________________________ $121142

Disbursements by Centre for fees and expenses for arbitration proceedings _________ _ ------shyover disbursements __________________________________________________________ ________ _

Fund balance Excess of

of year ____________________________________________________________________________________ 34696

Fund balance end of year ___________________________________________________________________________________________ _ ===

Fund balance represented by cash advances from Parties to arbitration proceedings ______________________________________________________________________________ $ 68521 I nternational Ban k for Reconstruction and Development ________________________________________ 1995

Note The Memorandum of Administrative Arrangements between the Centre and the Internashy

tional Bank for Reconstruction and Development (the Bank) which became effective as of October 14 1966 provides inter alia that except to the extent that the Centre may be reimbursed by the parties to proceedings for fees and expenses of members of Conciliation Commissions Arbitral Tribunals or Committees of Arbitrators the Bank shall provide the following services and facilities to the Centre without charge

(1) The services of staff members and consultants (2) Other administrative services and facilities such as travel communication facilities

office accommodations furniture equipment supplies and printing The reported expenditures on behalf of the Centre represent the value of the services

provided by the Bank and include only those amounts identified by the Bank as directly related to the Centre and accordingly do not include any indirect or costs of the Bank

The Bank has not made a direct cash contribution to the Centre The reported contribution of $181410 is equal to the value of services the Bank on behalf of the Centre less reimbursements by the Centre from its of and fees

The Centres expenses which are attributable to arbitration are borne by the parties in accordance with the Centres Administrative and Financial Regulations In accordshyance with these the Secretary-General calls on the parties to make advance deposits with the from time to time to defray these expenses At June 30 1977 there were five such arbitration procedings for which the Centre held advance deposits from the parties involved to cover expenses including approximately $2400 held for two of these proceedings which were discontinued during the year and which will be refunded to the parties In addition there was one other proceeding for which no advance deposit had been received

TO INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES WASHINGTON D C

In our opinion the accompanying financial statement presents fairly the information shown therein for the International Centre for Settlement of Investment Disputes for the year ended June 30 1977 in conformity with the Administrative Arrangements between the International Bank for Reconstruction and Development and the International Centre for Settlement of Investment Disputes as discussed in the Note to the statement Our examinashytion of this statement was made in accordance with accepted auditing standards and accordingly included such tests of the accounting records and such other auditing proshycedures as we considered necessary in the circumstances 1801 K Street NW Washington D C 20006 PRICE WATERHOUSE amp CO July 29 1977 41

Annex 8

Legal Bibliography Relating to the Centre

The following publications concerning the Centre in addition to those listed in the first ten Annual Reports have come to the atshytention of the Secretariat

Amerasinghe C F The International Centre for Settlement of Investment Disputes and Development Through the Multinational Corporation 9 Vanderbilt Journal of Transnational Law No4 (Fall 1976)

Amerasinghe C F Dispute Settlement Machinery in Relations Between States and Multinational Entershyprises-With Particular Reference to the International Centre for Settlement of Inshyvestment Disputes The International Lawyer Vol 11 No1 pp 45-59 (Winter 1977)

Baker James C and Ryans John K The International Centre for Settlement of Investment Disputes (lCSID) Journal of World Trade Law Vol 10 No1 pp 65-79 (Jan Feb 1976)

42

Annex 9

ICSID1

ICSID2 Convention on the Settlement of Investment States and Nationals of Other and

of the Executive Directors of the International Bank for

LJI ULi)

4fnlnlnUI

ICSID3Rev 22 List of States and Other of the Convention

ICSID4Rev1

ICSID5 Model Clauses 1)01 11 Consent to the Jurisdiction of the International Centre for Settlement of Investment

ICSID6 10clnrlorl for Bilateral Investment Treaties

ICSID7Rev2 Publications of ICSID

nnTIllTI States and Actions Taken Them Pursuant to the Convention

ICSID8Rev5

ICSID9Rev4 Provisions to ICSID in International National Investment Laws

ICSID10 List of the Members of the Panels of Conciliators and Arbitrators

Page 37: HRnn - International Centre for Settlement of Investment ...
Page 38: HRnn - International Centre for Settlement of Investment ...
Page 39: HRnn - International Centre for Settlement of Investment ...
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