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Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9)
 
Proceeding Decisions & Awards Procedural Details
 
  Subject Matter  
 Insurance company  
 
  (a) Original Arbitration Proceeding  
 
  Date Registered  
  May 22, 2003  
 
  Date of Constitution of Tribunal  
 
Constituted: October 06, 2003
 
 
Reconstituted: October 14, 2004
 
 
  Composition of Tribunal  
 
President: Giorgio SACERDOTI (Italian)
 
 
Arbitrators: V.V. VEEDER (British) (1)
 
 
  Michell NADER (Mexican)
 
 
 
(1)  V.V. VEEDER (British) appointed following the resignation of Elihu LAUTERPACHT (British)
  
 
  Outcome of Proceeding  
  Award rendered on September 5, 2008.  
 
  (b) Rectification and Supplementary Decision Proceeding  
 
  Date Registered  
  October 16, 2008  
 
  Outcome of Proceeding  
  The Tribunal issues a decision on the rectification of the award on February 23, 2009.  
 
  (c) Annulment Proceeding  
 
  Date Registered  
  January 14, 2009  
 
  Date of Constitution of Ad hoc Committee  
 
Constituted: March 19, 2009
 
 
Reconstituted: June 03, 2009
 
 
  Composition of Ad hoc Committee  
 
President: Gavan GRIFFITH (Australian)
 
 
Members: Bola AJIBOLA (Nigerian) (1)
 
 
  Christer SÖDERLUND (Swedish)
 
 
 
(1)  Bola AJIBOLA (Nigerian) appointed following the resignation of Mohamed SHAHABUDDEEN (Guyanese)
  
 
  Status of Proceeding  
  Pending (Continental Casualty Company files a memorial on annulment on October 30, 2009)  
 
 
 Original Arbitration Proceeding  
Date
Development
May 22, 2003
The Acting Secretary-General registers a request for institution of arbitration proceedings.
October 06, 2003
The Tribunal is constituted. Its members are: Giorgio Sacerdoti (Italian), President; Elihu Lauterpacht (British); and Michell Nader (Mexican).
January 29, 2004
The Tribunal holds its first session in Washington, D.C.
April 27, 2004
The Claimant files its memorial on the merits.
June 29, 2004
The Respondent files its memorial on jurisdiction.
July 30, 2004
The Claimant files its counter-memorial on jurisdiction.
August 12, 2004
The proceeding is suspended pursuant to ICSID Arbitration Rule 10.
October 14, 2004
The Tribunal is reconstituted. Its members are: Giorgio Sacerdoti (Italian), President; Michell Nader (Mexican); and V.V. Veeder (British), following the resignation of Elihu Lauterpacht.
February 01, 2005
The Tribunal holds a hearing on jurisdiction in Washington, D.C.
February 22, 2006
The Tribunal issues a decision on objections to jurisdiction and issues a procedural order concerning the continuance of the proceedings on the merits.
May 08, 2006
The Respondent files a counter-memorial on the merits.
October 20, 2006
The Respondent files a rejoinder on the merits.
November 27, 2006 - December 02, 2006
The Tribunal holds a hearing on the merits in Washington, D.C.
January 20, 2007
The Claimant files a post-hearing brief.
January 27, 2007
The Respondent files a post-hearing brief.
April 24, 2008
The Tribunal declares the proceeding closed.
September 05, 2008
The Tribunal renders its award.
 
 Rectification and Supplementary Decision Proceeding  
Date
Development
October 16, 2008
The Acting Secretary-General registers a request submitted by Continental Casualty Company for rectification of, or supplementary decision to the award.
November 06, 2008
The Acting Secretary-General registers a request submitted by the Argentine Republic for rectification of the award.
February 23, 2009
The Tribunal issues a decision on the rectification of the award.
 
 Annulment Proceeding  
Date
Development
January 14, 2009
The Acting Secretary-General registers an application for the annulment of the award, submitted by Continental Casualty Company.
March 19, 2009
The ad hoc Committee, considering the application submitted by Continental Casualty Company, is constituted. Its members are: Gavan Griffith (Australian), President; Mohamed Shahabuddeen (Guyanese); and Christer Söderlund (Swedish).
April 22, 2009
The ad hoc Committee holds a first session by telephone conference.
May 13, 2009
Following the resignation of one of the ad hoc Committee members, the Centre notifies the parties of the vacancy on the ad hoc Committee and of the suspension of the proceeding.
June 03, 2009
The ad hoc Committee, considering the application submitted by Continental Casualty Company, is reconstituted. Its members are: Gavan Griffith (Australian), President; Mohamed Shahabuddeen (Guyanese); and Christer Söderlund (Swedish).
June 08, 2009
The Acting Secretary-General registers an application for partial annulment of the award submitted by the Argentine Republic, and notifies the parties of the provisional stay of enforcement of the award.
June 10, 2009
The ad hoc Committee, considering the application submitted by the Argentine Republic, is constituted. Its members are: Gavan Griffith (Australian), President; Mohamed Shahabuddeen (Guyanese); and Christer Söderlund (Swedish).
July 16, 2009
Continental Casualty Company files observations on the Argentine Republic's application for partial annulment of the award.
August 21, 2009
The Argentine Republic files a response to Continental Casualty Company’s observations of July 16, 2009.
August 31, 2009
Continental Casualty Company files a request for disclosure of documents.
September 08, 2009
The Argentine Republic files observations on the request for disclosure of documents.
September 09, 2009
Continental Casualty Company files a response to the Argentine Republic’s observations of September 8, 2009.
September 15, 2009
The ad hoc Committee decides on the request for disclosure of documents.
October 23, 2009
The ad hoc Committee issues a decision on Argentina’s application for a stay of enforcement of the Award.
The ad hoc Committee issues a decision on Continental Casualty Company's preliminary objection to Argentina's application for annulment.
October 30, 2009
Continental Casualty Company files a memorial on annulment.
 
* Procedural details are compiled from data that is published in the ICSID Annual Reports and News from ICSID.
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