Summary

Source: icsid.worldbank.org

TABLE OF CONTENTS

INTRODUCTION
PROCEDURAL HISTORY
ADMISSIBILITY OF THE APPLICANT'S EXPERT REPORTS
The Parties' Positions
The Claimants' Position
a. Counter-Memorial
b. Rejoinder
The Applicant's Position
The Committee's Analysis
GROUNDS FOR ANNULMENT
Alleged Failure To State Reasons (Article 52(1)(e))
The Parties' Positions
a. The Applicant's Position
b. The Claimants' Position
The Committee's Analysis
a. The Applicable Legal Standard
b. Whether the Award Has Failed to State the Reasons on Which It Is based
Alleged Manifest Excess of Powers (Article 52(1)(b)
COSTS
The Parties' Positions
The Applicant's Position
The Claimants' Position
The Committee's Analysis
DECISION

INTRODUCTION

1. This annulment proceeding concerns an application for annulment of the award rendered on 25 March 2024 between West African Aquaculture Ltd, and and the Republic of The Gambia (ICSID Case No. ARB/18/10) (the "Award") by an arbitral tribunal composed of Professor Céline Lévesque (President), Ms Melanie Van Leeuwen and Professor Pierre Mayer (the "Tribunal").

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DECISION

255. For the reasons set forth above, the ad hoc Committee decides as follows:

(1) The Claimants' request that the Reports and the supporting exhibits referred

to in the Claimants' request be struck from the record as inadmissible is dismissed;

(2) The Award is annulled in its entirety for failure to state the reasons on which it is based, within the meaning of Article 52(1)(e) of the ICSID Convention; and

(3) Each Party shall bear in equal shares the cost of the proceeding, in the amount of USD 426,090.34, and fully their own legal and other costs; accordingly, the Claimants are ordered to reimburse the Applicant for 50% of the cost of the proceeding, in the amount of USD 213,045.17.

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