Border Timbers and others v. Zimbabwe

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Case Details

Year of Filing: 2010

Claimant(s): Border Timbers Limited, Border Timbers International (Private) Limited, and Hangani Development Co. (Private) Limited

Respondent(s): Republic of Zimbabwe

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Switzerland-Zimbabwe BIT

Administrative Case Number: ARB/10/25

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Analysis: in its review of von Pezold and Border Timber v. Zimbabwe awards, ad hoc committee rejects Zimbabwe’s illegality and arbitrator impartiality complaints Nov 23, 2018

Annulment committee weighs in with verdict on Zimbabwe awards Nov 22, 2018

In previously confidential rulings, stay of enforcement was lifted in Zimbabwe case, and ICSID panel gave the state another shot at effecting restitution of seized properties – but no payment or restitution was forthcoming Aug 27, 2017

Part 1 of 5: In now-public 300+ page Zimbabwe ruling, ICSID tribunal ordered restitution of expropriated farms, as well as tens of millions in further damages Feb 10, 2016

Part 2 of 5: In von Pezold v. Zimbabwe ruling, arbitrators decided whether to attribute settler land invasion conduct to government, and considered role of human rights law Feb 10, 2016

Part 3 of 5: Arbitrators find mere non-payment of compensation renders takings unlawful, and fair treatment is denied due to breach of expectation of non-expropriation Feb 10, 2016

Part 4 of 5: In unsuccessful defence of its expropriation of Swiss/German investors, Zimbabwe pleaded customary defence of necessity, but tribunal just sees a regime pursuing political survival Feb 10, 2016

Part 5 of 5: Tribunal’s damages holdings in Zimbabwe case includes a discounted cash flow award, as well as orders of restitution and moral damages due to physical mistreatment Feb 10, 2016

Zimbabwe and Bolivia awards to be reviewed by recently-selected annulment committees at ICSID Dec 21, 2015

Zimbabwe moves to annul arbitral awards rendered in favour of expropriated Swiss & German investors; separate $25+ million award still unpaid Nov 4, 2015

ICSID arbitrators named for UAB Energia v. Latvia and Georg Gavrilovic v. Croatia cases; replacements picked for Zimbabwe and Peru tribunals Jul 7, 2013

Amicus submission rejected in Zimbabwe case; human rights law held inapplicable to ICSID proceedings Jun 27, 2012

ANALYSIS: Tribunal’s reading of amicus curiae tests could make life difficult for antagonistic amici – and those seeking to raise novel concerns such as human rights law Jun 27, 2012

Effort by Zimbabwe to conduct spot-inspection of claimants’ documents is reportedly thwarted by arbitral tribunal’s order Jun 19, 2012

Arbitrators named in investment arbitration claims against Zimbabwe, Indonesia and Pakistan Sep 27, 2011

Zimbabwe’s nominee to two ICSID tribunals steps down; unclear if political activities in Malawi were a factor Jun 30, 2011

New ICSID Claims registered against Venezuela, Zimbabwe, and Turkmenistan Jan 13, 2011