Total E&P Uganda BV v. Republic of Uganda

Case summary

At a glance

Parties: Total E&P Uganda BV v. Republic of Uganda
Case no.: ICSID Case No. ARB/15/11
Forum and rules: ICSID Convention arbitration; ICSID Arbitration Rules
Tribunal: Dr. Veijo Heiskanen (President), Mr. V.V. Veeder QC, Dr. Kamal Hossain
Sector: Oil
Outcome: At the parties' joint request, the Tribunal took note of the discontinuance of the proceeding under ICSID Arbitration Rule 43(1) (order dispatched 3 August 2018).

The dispute

Total E&P Uganda BV brought an ICSID claim against the Republic of Uganda over its alleged investment in Uganda's oil industry. The only published document is the order that ends the case. It does not describe the measures complained of, the legal basis of the claim, or Uganda's defences. The parties suspended the proceeding several times by agreement between January 2016 and July 2018. They then jointly asked for the proceeding to be discontinued under ICSID Arbitration Rule 43(1). That rule covers both a settlement and an agreement to discontinue on other grounds. The order does not say whether the parties settled.

Key holdings

At the parties' joint written request of 10 July 2018, the Tribunal took note of the discontinuance of the proceeding under ICSID Arbitration Rule 43(1). ¶¶ 14–16
Once the costs of the arbitration are paid, the remaining balance will be reimbursed to the parties. These costs include the Tribunal's fees and expenses and ICSID's administrative fees and direct expenses. The order makes no other ruling on costs. ¶ 17

Procedural history

27 February 2015ICSID receives Total E&P Uganda BV's request for arbitration.
20 March 2015The Secretary-General registers the request.
17 December 2015The Tribunal is constituted. The Chairman of the ICSID Administrative Council appointed the President after the parties failed to agree on one.
21 January 2016The parties agree to suspend the proceeding until 21 March 2016. They extend the suspension several times by agreement, the last time until 16 July 2018.
10 July 2018The parties jointly ask for the proceeding to be discontinued under Arbitration Rule 43(1).
3 August 2018The order taking note of the discontinuance is dispatched to the parties.