A summary of the proceedings and of the Final Award is set forth below. It must be emphasized that the summary contained in this Press Release, though approved by the Tribunal as an accurate summary of the principal features of the Award, is not an official text. The Final Award, including its Dispositif, is the authentic statement of the Tribunal's final and binding decision.
History of the proceedings
On July 7, 2008, the Government of Sudan ("GoS") and the Sudan People's Liberation Movement /Army ("SPML/A") signed the "Arbitration Agreement between The Government of Sudan and The Sudan People's Liberation Movement/Army on Delimiting the Abyei Area" ("Arbitration Agreement"). In the Arbitration Agreement, the Parties agreed to submit, for final and binding decision, their dispute as to whether or not the experts of the Abyei Boundaries Commission (the "ABC" Experts), established pursuant to the Comprehensive Peace Agreement signed by the Parties on January 9, 2005 ("CPA"), exceeded their mandate.
In accordance with the Arbitration Agreement, on July 11, 2008, the Parties deposited the Arbitration Agreement with the Secretary-General of the Permanent Court of Arbitration. The arbitral tribunal was fully constituted on October 30, 2008, and is composed of the following members:
Professor Pierre-Marie Dupuy (Presiding Arbitrator)
H.E. Judge Awn Al-Khasawneh
Professor Gerhard Hafner
Professor W. Michael Reisman
Judge Stephen Schwebel
In accordance with Article 8.3(i) of the Arbitration Agreement and the schedule set by the Tribunal, the Parties filed their written Memorials on December 16, 2008, their Counter-Memorials on February 13, 2009, and their Rejoinders on February 28, 2009. Oral pleadings, which were open to the public and attended by over 200 representatives of the Parties, were held at the Peace Palace in The Hague from April 18 to April 23, 2009. Under Article 9(1) of the Arbitration Agreement, the final award was to be rendered within ninety days from the closure of submissions, i.e., on July 22, 2009.