Swissbourgh, Josias van Zyl and others v. Lesotho (2)

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Case Details

Year of Filing: 2016

Case Status: Arbitral Phase Concluded

Claimant(s): Swissbourgh Diamond Mines (Pty) Ltd., Josias van Zyl and others

Respondent(s): Kingdom of Lesotho

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: SADC Treaty

Administrative Case Number: PCA Case No. 2016-21

Arbitral Tribunal

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Swissbourgh’s second arbitration against Lesotho come to an end, as claimants pivot to another avenue of possible redress for decades-old loss of mining project Apr 3, 2019

ANALYSIS: Singapore appeal court grapples with various investment treaty arbitration concepts including “related to”, estoppel, unilateral declarations, territorial nexus and exhaustion of remedies Nov 29, 2018

Singapore Court of Appeal affirms that Swissbourgh v. Lesotho award must be set aside; Williams and Bishop had ruled in favor of investor under unusual Southern African treaty, but Singapore court sees no jurisdiction to do so Nov 27, 2018

South African court finds fault with former President’s role in neutering of a regional tribunal; ruling comes on the heels of arbitral finding that sanctioned Lesotho for its role in same events Mar 2, 2018

In-Depth (Part 1 of 2): Singapore judge sees investors as clearing temporal jurisdiction hurdle in fight with Lesotho, but disagrees that right to claim before SADC standing tribunal was a protected investment Aug 17, 2017

In-Depth (Part 2 of 2): Singapore judge rejects arbitrators’ findings that domestic remedies were exhausted in Lesotho, and that SADC investment treaty is so broad as to allow domestic investors to sue their own state Aug 17, 2017

Investigation: in aftermath of investor arbitration against Lesotho, SADC member-states amend investment treaty so as to remove ISDS and limit protections Feb 20, 2017

An update on the Swissbourgh v. Lesotho dispute Jan 25, 2017

After denial of justice finding, a new tribunal is finalized for next phase of Lesotho mining dispute Sep 14, 2016