Border Timbers Limited, Border Timbers International (Private) Limited, and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe, ICSID Case No. ARB/10/25, Procedural Order 4 (March 16, 2013)
1. On 6 March 2013, the Claimants brought an urgent application for an order for provisional measures pursuant to Article 47 of the ICSID Convention and Rule 39 of the ICSID Arbitration Rules (the “Application”).
2. The Application relates to the appearance of a number of persons on one of the Claimants’ properties (“Smalldeel”, which is a property located within the Claimants’ Makandi Estate). The Claimants request that the Arbitral Tribunals “order the Respondent to instruct its police force to prevent people from coming onto the Makandi Estate, and to the extent that those people have already arrived on the Makandi Estate, to remove them, unless those people are authorised by the Claimants.” (see Application, para. 1.1).
3. The Arbitral Tribunals have considered the Application and have decided unanimously as follows.