Case Details

Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23)

Subject of Dispute:

Railroad concession contract
Economic Sector:

Transportation
Instrument(s) Invoked:

CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Railroad Development Corporation (U.S.)
Respondent(s):

Republic of Guatemala (Guatemalan)
Date Registered:

August 20, 2007
Date of Constitution of Tribunal:

April 14, 2008

Composition of Tribunal

President:

Andrés RIGO SUREDA (Spanish) - Appointed by the Secretary-General
Arbitrators:

Stuart E. EIZENSTAT (U.S.) - Appointed by the Claimant(s)
James R. CRAWFORD (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Díaz-Durán & Asociados Central Law, Guatemala City, Guatemala
Greenberg Traurig, Washington, D.C., U.S.A.
Respondent(s):

Arnold & Porter, Washington, D.C., U.S.A.
Procuraduría General de la Nación, Ministerio de Economía, Guatemala City, Guatemala
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

June 29, 2012 - The Tribunal renders its award.

(b) Rectification and Supplementary Decision Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

August 20, 2012 (Claimant(s))

Party Representatives

Claimant(s):

Díaz-Durán & Asociados Central Law, Guatemala City, Guatemala
Greenberg Traurig, Washington, D.C., U.S.A.
Respondent(s):

Arnold & Porter, Washington, D.C., U.S.A.
Procuraduría General de la Nación, Ministerio de Economía, Guatemala City, Guatemala
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 18, 2013 - The Tribunal issues its decision on the request for a supplementary decision and rectification; attached to the decision is a partial dissenting opinion by arbitrator Stuart E. Eizenstat.

(a) Original Proceeding

Published Decisions

Decision on Provisional Measures

Decision on Objection to Jurisdiction

Second Decision on Objections to Jurisdiction

Decision on Clarification Request of the Decision on Jurisdiction

Award

Available on the ICSID Website

Decision on Provisional Measures (October 15, 2008) English (Original)

Decision on Objection to Jurisdiction (November 17, 2008) English (Original)

Second Decision on Objections to Jurisdiction (May 18, 2010) English (Original)

Decision on Clarification Request of the Decision on Jurisdiction (January 13, 2009) English (Original)

Award (June 29, 2012) English (Original)

(b) Rectification and Supplementary Decision Proceeding

Published Decisions

Decision on the Request for a Supplementary Decision and Rectification and Partial Dissenting Opinion by Stuart E. Eizenstat

Available on the ICSID Website

Decision on the Request for a Supplementary Decision and Rectification and Partial Dissenting Opinion by Stuart E. Eizenstat (January 18, 2013) English (Original)

(a) Original Proceeding

Date	Development
August 20, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
April 14, 2008	The Tribunal is constituted. Its members are: Andrés Rigo Sureda (Spanish), President; Stuart E. Eizenstat (U.S.); and James R. Crawford (Australian).
May 29, 2008	The Respondent files preliminary objections.
June 13, 2008	The Tribunal holds a first session in Washington, D.C.
July 11, 2008	The Claimant files a counter-memorial on jurisdiction.
August 11, 2008	The Respondent files a reply on jurisdiction.
September 11, 2008	The Claimant files a rejoinder on jurisdiction.
October 10, 2008	The Tribunal holds a hearing on the Respondent's preliminary objections to jurisdiction in Washington, D.C.
October 15, 2008	The Tribunal issues a decision on provisional measures.
November 17, 2008	The Tribunal issues a decision on an objection to jurisdiction.
December 12, 2008	The Respondent files a request for clarification of the decision on an objection for jurisdiction.
December 19, 2008	The Claimant files observations on the Respondent's request for clarification of the decision on an objection to jurisdiction.
January 6, 2009	The Tribunal issues a procedural order concerning the procedural calendar.
January 13, 2009	The Tribunal issues a decision on the Respondent’s request for clarification of the decision on an objection to jurisdiction.
June 26, 2009	The Claimant files a memorial on the merits.
July 24, 2009	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
August 4, 2009	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
August 10, 2009	The Respondent files a response to the Claimant’s observations of August 4, 2009.
August 14, 2009	The Claimant files a response to the Respondent’s observations of August 10, 2009.
August 24, 2009	The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended.
September 24, 2009	The Respondent files a memorial on jurisdiction.
October 26, 2009	The Claimant files a counter-memorial on jurisdiction.
November 3, 2009	The Tribunal issues a procedural order concerning the procedural calendar.
December 1, 2009	The Tribunal issues a procedural order concerning the organization of the hearing on jurisdiction.
March 1, 2010 - March 3, 2010	The Tribunal holds a further hearing on the Respondent's preliminary objections to jurisdiction in Washington, D.C.
March 19, 2010	The Republic of El Salvador files a written submission as a non-disputing Party pursuant to CAFTA Article 10.20.2.
March 31, 2010	The parties file post-hearing briefs and observations on the submission of the non-disputing party.
May 18, 2010	The Tribunal issues a further decision on objections to jurisdiction.
June 7, 2010	The Tribunal issues a procedural order concerning the procedural calendar.
September 21, 2010	The Respondent files a request concerning the admissibility of evidence.
October 5, 2010	The Respondent files a counter-memorial on the merits.
October 8, 2010	The Claimant files observations on the Respondent's request of September 21, 2010.
October 15, 2010	The Respondent files a response to the Claimant’s observations of October 8, 2010.
October 20, 2010	The Claimant files a reply on admissibility of evidence.
October 28, 2010	The Tribunal issues a procedural order concerning admissibility of evidence.
December 21, 2010	Each party files a request for production of documents.
January 7, 2011	Each party files observations on the other party’s request for production of documents.
January 19, 2011	The Claimant files a further request for production of documents.
January 20, 2011	The Tribunal issues a procedural order concerning production of documents and the procedural calendar.
January 22, 2011	The Respondent files a further request for production of documents.
January 25, 2011	The Respondent files observations on the Claimant’s request of January 19, 2011.
January 27, 2011	The Claimant files observations on the Respondent’s request of January 22, 2011.
February 1, 2011	The Tribunal issues a procedural order concerning production of documents.
February 16, 2011	The Respondent files a further request for production of documents.
February 22, 2011	The Claimant files observations on the Respondent's request of February 16, 2011.
February 24, 2011	The Tribunal issues a procedural order concerning production of documents.
March 24, 2011	The Claimant files a reply on the merits.
October 12, 2011	The Tribunal issues a procedural order concerning the organization of the hearing.
October 21, 2011	The Respondent files a rejoinder on the merits.
December 8, 2011 - December 16, 2011	The Tribunal holds a hearing on the merits in Washington, D.C.
January 31, 2012	The United States of America files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2. The Republic of El Salvador files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2. The Republic of Honduras requests an extension to file a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2.
February 10, 2012	The Republic of Honduras files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2.
February 24, 2012	Each party files observations on the non-disputing parties' written submissions.
April 25, 2012	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 29, 2012	The Tribunal renders its award.

(b) Rectification and Supplementary Decision Proceeding

Date	Development
August 20, 2012	The Secretary-General registers a request for rectification and supplementation of the award filed by Railroad Development Corporation.
September 13, 2012	The Republic of Guatemala files observations on Railroad Development Corporation's request of August 20, 2012.
September 26, 2012	Railroad Development Corporation files a response to the Republic of Guatemala's observations of September 13, 2012.
October 9, 2012	The Republic of Guatemala files further observations on Railroad Development Corporation's request of September 26, 2012.
January 18, 2013	The Tribunal issues its decision on the request for a supplementary decision and rectification; attached to the decision is a partial dissenting opinion by arbitrator Stuart E. Eizenstat.