Sanum Investments Limited v. Lao People’s Democratic Republic (II), ICSID Case No. ADHOC/17/1
ICSID · Investment (ICSID and treaty) · Lao People’s Democratic Republic · 11 Sep 2023
Why it matters
This procedural ruling shows the tribunal's approach to late-stage evidence and its commitment to substance over form, rejecting an attempt to derail proceedings based on alleged inaccuracies in a power of attorney. It also provides a timeline for the final award, indicating the case is nearing conclusion.
Summary
This document is a letter from the Secretary of the Tribunal to the parties in two related ICSID 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 letter conveys the Tribunal's ruling on the Respondent's application of June 29, 2023, which sought to submit new evidence and have the Tribunal determine that LHNV is not entitled to invoke the Treaty based on an alleged misstatement in a 2016 Power of Attorney regarding Mr. Baldwin's role. The Tribunal declined to admit the additional evidence at this late stage, noting that even if there were inaccuracies, there was no evidence that LHNV did not authorize or ratify the pursuit of Treaty claims. The Tribunal emphasized that it would not allow form to override substance. The ruling does not affect other objections to jurisdiction and admissibility, which will be addressed in the forthcoming Award. The Tribunal also updated the parties on the status of the Award, stating that while substantial progress has been made, the final Award is expected in early 2024 rather than late 2023.
The detail
Parties: Sanum Investments Limited v. Lao People’s Democratic Republic (II), ICSID Case No. ADHOC/17/1
Case number: italaw/cases/5776
Outcome: italaw publishes the tribunal's letter regarding respondent's objections to jurisdiction and admissibility and status of the award in italaw/cases/5776. 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 procedural issues regarding admission of new evidence and the status of the award.
Read the full decision at italaw ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.