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Lao Holdings N.V. v. Lao People’s Democratic Republic (II) (ICSID)

Why it matters

This procedural ruling illustrates the tribunal's discretion to reject late-filed evidence, emphasizing substance over form in investment arbitration. It underscores that a minor inaccuracy in a power of attorney will not derail proceedings if the claimant authorized or ratified the claims. The case is ongoing, with the final award expected in early 2024.

Summary

This document is a procedural letter from the ICSID tribunal secretary to the parties in the consolidated cases Lao Holdings N.V. v. Lao People’s Democratic Republic (ICSID Case No. ARB(AF)/16/2) and Sanum Investments Limited v. Lao People's Democratic Republic (ICSID Case No. ADHOC/17/1). The tribunal addresses the Respondent's application of June 29, 2023, seeking to submit new evidence and requesting a determination that Lao Holdings N.V. (LHNV) is not entitled to invoke the treaty due to an alleged misstatement in the power of attorney filed in 2016 regarding Mr. Baldwin's role. The tribunal declines to admit the evidence at this late stage, finding no evidence that LHNV did not authorize or ratify the treaty claims. The tribunal states that allowing a dispute over Mr. Baldwin's title would place form over substance. The ruling does not affect other jurisdictional objections. The tribunal anticipates issuing the final award in early 2024.

The detail

Parties: Lao Holdings N.V. v. Lao People’s Democratic Republic (II)

Case number: ICSID Case No. ARB(AF)/16/2

Outcome: italaw publishes the tribunal's letter regarding respondent's objections to jurisdiction and admissibility and status of the award in ICSID Case No. ARB(AF)/16/2. See the original for the operative decision.

Applicable law: Treaty (not specified in document)

Issues in play: The document does not specify the laws in play; it concerns a procedural ruling on admissibility of new evidence.

Read the full decision at italaw ↗

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