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Tethyan Copper Co. v. Islamic Republic of Pakistan

ICSID Case No. ARB/12/1, Award (2019)

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Tethyan Copper Co. v. Islamic Republic of Pakistan

International Centre for Settlement of Investment Disputes
ICSID Case No. ARB/12/1, Award (2019)

Facts

Tethyan Copper Company (Tethyan) (plaintiff) was an Australian joint venture between highly experienced mining companies from Canada and the United Kingdom. Tethyan invested several years and over $200 million exploring a site and determining the feasibility of a copper and gold mine in the Islamic Republic of Pakistan (Pakistan) (defendant). In 2010, Tethyan delivered a feasibility report to Pakistan, showing that the mine would be profitable and that Tethyan had the funding and experience to conduct the operations. At that point, Pakistan denied permission to Tethyan to conduct any mining and decided to mine the site itself. Tethyan filed an arbitration against Pakistan, seeking $8.49 billion in damages for its lost mining profits. The arbitration tribunal determined that Pakistan had illegally expropriated (i.e., unlawfully taken) the mining operation from Tethyan. The tribunal then turned to calculating the damages that Pakistan owed to Tethyan.

Rule of Law

Issue

Holding and Reasoning ()

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