PaCCS issue: Agility moves ICSID

M/s Agility has approached the International Centre for Settlement of Investment Disputes (ICSID) at the US against the government of Pakistan to resolve the issue of payments made against customs clearance services under the Pakistan Automated Customs Computerised System (PaCCS).
It is learnt that the Kuwait-based software supplier, Agility, which owns PaCCS, has approached the ICSID on customs related services of the PaCCS. In this regard, the Ministry of Foreign Affairs has submitted the message received from ICSID at Washington DC to the Law and Justice Division. Necessary action in this regard may kindly be taken on immediate basis, the Ministry of Foreign Affairs informed the Law Division.
Sources said the ICSID is an autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Its primary purpose is to provide facilities for conciliation and arbitration of international investment disputes. The Panel of Arbitrators and the Panel of Conciliators are composed of individuals appointed by ICSID Member States and by the Chairman of the ICSID Administrative Council.
In the case of Agility for Public Warehousing Company K.S.C. v. Pakistan (ICSID Case No ARB/11/8), sources said that the ICSID has constituted Tribunal on September 8, 2011 and the Composition of Tribunal revealed that the President of the Tribunal is L. Yves Fortier and Arbitrators included Charles N. BROWER and Salim MOOLLAN.
According to the communications of Secretary General of International Centre for Settlement of Investment Disputes to the M/s Agility and the Ministry of Foreign Affairs, the appointment of the President of the Tribunal in this case will be made in accordance with Article 38 of the ICSID Convention. The Chairman of the ICSID Administrative Council has appointed L. Yves Fortiers presiding arbitrator in this case. Fortier is a national of Canada designated to the ICSID Panel of Arbitrators by the Chairman of the ICSID Administrative Council, sources added.