News and insights

Omnia secures historic victory for the Republic of The Gambia as ICSID Annulment Committee annuls multi-million USD award.

21st July 2026

PRESS RELEASE

On 17 July 2026, Omnia Strategy LLP secured a landmark result for the Republic of The Gambia after an ad hoc Committee of the International Centre for Settlement of Investment Disputes (ICSID) annulled an arbitral award that had ordered The Gambia to pay USD millions to foreign investors.

The Decision on Annulment in West African Aquaculture Ltd, Kurt Lennart Hansson and Martje Bolt Hansson v. Republic of The Gambia (ICSID Case No. ARB/18/10) represents the first time that an award has been annulled, in full, solely on the ground that the Tribunal failed to state reasons under Article 52(1)(e) of the ICSID Convention.

The Decision on Annulment, which is not yet public, affirms that the obligation to provide reasons is a fundamental safeguard of the ICSID system and that a failure to explain an outcome-determinative jurisdictional finding can justify the annulment of an award in its entirety. More importantly, it relieves The Gambia of a significant exposure to USD millions in damages and interest.

Background

The underlying dispute arose from the seizure in June 2015 of a shrimp farming business by Gambian military units acting on the instructions of former President Yahya Jammeh. In the original arbitration, The Gambia relied on Mayer Brown (Paris). Steptoe acted for the Claimants both in the underlying arbitration and in the annulment proceedings.

The central jurisdictional question was whether The Gambia had provided written consent to ICSID arbitration, as required by Article 25(1) of the ICSID Convention.

On 25 March 2024, the majority of the Tribunal (Mélanie van Leeuwen and Céline Lévesque) upheld jurisdiction and found that The Gambia had unlawfully expropriated the Claimants’ investment. Professor Pierre Mayer issued a dissent, disagreeing with the Majority’s conclusions on jurisdiction and certain merits findings.

Taking account of accrued interest, the liability facing The Gambia as at the time of the Decision on Annulment was approximately USD 33 million.

Annulment

Omnia was instructed by The Gambia in June 2024 to assess the merits of seeking annulment and, in July 2024, The Gambia applied for annulment under Article 52 of the ICSID Convention. The Gambia’s case was premised on: (a) the Majority’s manifest excess of powers by asserting a jurisdiction it did not have and by failing to apply the proper law; and (b) the Award’s failure to state reasons in relation to five outcome‑determinative jurisdictional findings.

On 17 July 2026, the ad hoc Committee (Dr Veijo Heiskanen (President), Ms Erica Stein and Professor Githu Muigai) annulled the Award in its entirety on the basis that the Majority failed to state reasons for their decision on jurisdiction. The Decision included a costs order in favour of The Gambia.

Cherie Blair CBE, KC, who led the Omnia team, said:

“The Gambia continues its astonishing record for breaking new legal ground and setting precedents in the field of international law. It is a privilege to represent such an incredible country and to work alongside talented local lawyers in the Attorney General’s office and our own brilliant colleagues at Omnia. We are very grateful for the support we have had from across the Government and in particular from His Excellency President Adama Barrow and Attorney General, Dawda H. Jallow. Their commitment to the case and confidence in Omnia has been vindicated with an outcome which defies the odds.

This is a landmark decision for the ICSID system. The Committee has reaffirmed that the duty to give reasons is a fundamental safeguard, particularly where jurisdiction is concerned. We are delighted to have secured a decision that will make a lasting contribution to ICSID jurisprudence and more importantly that protects the scarce public resources of a remarkable country”.

The Team

The Gambia was represented by an international legal team led by Omnia Strategy LLP under Cherie Blair CBE, KC, alongside James Palmer, Ricardo Gerhard (who acted as the managing associate), Jessica Sblendorio and Rodrigo Vieira.

The Gambia’s team also included Mr Lucas Bastin KC of Duxton Hill Chambers and Mr Edi M.O. Faal FCIArb, together with the Attorney General’s Chambers and Ministry of Justice of The Gambia, represented by Mr Dawda A. Jallow (Honourable Attorney General and Minister of Justice), Mr Hussein Thomasi (Solicitor General), Mr Chalis Njai (Principal State Counsel) and Ms Mariama Ngum (State Counsel).

The Gambia & Omnia

The Gambia is a longstanding client of Omnia and this is the second major success for the firm following the favourable settlement of the three consolidated ICSID arbitrations brought against the State by African Petroleum: Petronor E&P Gambia Limited and APCL Gambia B.V. vs. Republic of The Gambia (ICSID Case No. ARB/17/38); African Petroleum Gambia Limited and APCL Gambia B.V. vs. Republic of The Gambia (ICSID Case No. ARB/17/39); and APCL Gambia B.V. vs. Republic of The Gambia (ICSID Case No. ARB/17/40).

Today, Omnia continues to support the State, representing The Gambia in other complex disputes and recovery actions.

For further information, please contact:

• Cherie Blair CBE, KC ([email protected]);
• James Palmer ([email protected]) or
• Ricardo Gerhard ([email protected])