Case Details

Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/04/6)

Subject of Dispute:

Gold and copper mining project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Canada - Venezuela, Republica Bolivariana de 1996
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Vannessa Ventures Ltd. (Canadian)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

October 28, 2004
Date of Constitution of Tribunal:

June 7, 2005

Composition of Tribunal

President:

Vaughan LOWE (British) - Appointed by the Parties
Arbitrators:

Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

V.V. VEEDER (British)
Arbitrators:

Charles N. BROWER (U.S.)
Jan PAULSSON (French)
Reconstituted:

October 29, 2007: Brigitte STERN (French) appointed following the resignation of Jan PAULSSON (French)
October 29, 2007: Robert BRINER (Swiss) appointed following the resignation of V.V. VEEDER (British)
June 25, 2010: Vaughan LOWE (British) appointed following the resignation of Robert BRINER (Swiss)

Party Representatives

Claimant(s):

Torys, Ontario, Canada
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Procuraduría General de la República, Caracas, Venezuela
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 16, 2013 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award

Decision on Jurisdiction - English (Original) (August 22, 2008)

Available on the ICSID Website

Award (January 16, 2013) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
October 28, 2004	The Secretary-General registers a request for the institution of arbitration proceedings.
June 7, 2005	The Tribunal is constituted. Its members are: V.V. Veeder (British), President; Charles N. Brower (U.S.); and Jan Paulsson (French).
July 29, 2005	The Tribunal holds a first session in London.
January 13, 2006	The Claimant files a memorial on the merits.
February 28, 2006	The Claimant presents an ancillary claim.
March 15, 2006	The Tribunal authorizes the presentation of the Claimant's ancillary claim in accordance with Article 47(2) of the ICSID Additional Facility Arbitration Rules.
August 28, 2006	The Respondent files a memorial on jurisdiction.
December 16, 2006	The Claimant files a counter-memorial on jurisdiction.
February 17, 2007	The Respondent files a reply on jurisdiction.
April 16, 2007	The Claimant files a rejoinder on jurisdiction.
May 7, 2007	The Centre notifies the parties of a vacancy on the Tribunal following the resignation of two arbitrators and of the suspension of the proceeding pursuant to Article 16(2) of the ICSID Additional Facility Rules.
October 29, 2007	The Tribunal is reconstituted. Its members are: Robert Briner (Swiss), President; Charles N. Brower (U.S.); and Brigitte Stern (French).
February 14, 2008 - February 15, 2008	The Tribunal holds a hearing on jurisdiction in Paris.
August 22, 2008	The Tribunal issues a decision on jurisdiction.
March 13, 2009	The Respondent files a counter-memorial on the merits and jurisdiction.
July 28, 2009	Following the resignation of Robert Briner (Swiss), the Centre notifies the parties of a vacancy on the Tribunal and of the suspension of the proceeding.
August 21, 2009	The Claimant files a reply on the merits and jurisdiction.
February 1, 2010	The Respondent files a rejoinder on the merits and jurisdiction.
May 4, 2010	The Respondent files a request for the discontinuance of the proceeding pursuant to Article 50 of the ICSID Arbitration (Additional Facility) Rules. The Claimant informs the Centre that it objects to the Respondent’s request for the discontinuance of the proceeding.
May 7, 2010	The Secretary-General issues an order for the continuation of the proceeding.
June 25, 2010	The Tribunal is reconstituted. Its members are: Vaughan Lowe (British), President; Charles N. Brower (U.S.); and Brigitte Stern (French).
October 3, 2011 - October 6, 2011	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
November 22, 2011	Each party files a statement of costs.
December 18, 2012	The Tribunal declares the proceeding closed in accordance with Article 44 of the Arbitration (Additional Facility) Rules.
January 16, 2013	The Tribunal renders its award.