HRnn - International Centre for Settlement of Investment ...
Transcript of HRnn - International Centre for Settlement of Investment ...
HRnn 1
Page
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
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
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
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
(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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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