Reproduced from www.worldbank.org/icsid with permission of ICSID.
INTRODUCTION AND PARTIES
This case concerns a dispute submitted to the International Centre for Settlement of Investment Disputes ("ICSID" or the "Centre") on the basis of the Southern Sudan Investment Promotion Act 2009 (the "IPA"), 1 which entered into force on 6 April 2009, 2 and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, which entered into force on 14 October 1966 (the "ICSID Convention"). Claimant raises allegations inter alia of Respondent's allegedly unlawful expropriation of Claimant's investment in oil exploration and production operations in South Sudan and Respondent's allegedly discriminatory conduct towards Claimant.
Claimant is Sudapet Company Limited and is hereinafter referred to as "Sudapet" or "Claimant."
Claimant is a company organised and registered in Khartoum, in the Republic of the Sudan ("Sudan"), under the laws of Sudan.
Respondent is the Republic of South Sudan and is hereinafter referred to as "South Sudan" or "Respondent."
Claimant and Respondent are hereinafter collectively referred to as the "Parties." The Parties' respective representatives and their addresses are listed above on page (i).
Tribunal's decision on costs
Article 61(2) of the ICSID Convention leaves the Tribunal with broad discretion as to how to apportion costs.
In the present case, the Tribunal considers that the proper order is that the Parties should bear in equal shares the fees and expenses of the members of the Tribunal and the charges for the use of the facilities of the Centre and that each Party should bear its own expenses.
Professor Campbell McLachlan QC
Dr. Gavan Griffith QC
Mr. David A. R. Williams QC