Case Details

Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)

Subject of Dispute:

Highway construction project
Economic Sector:

Transportation
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Elsamex, S.A. (Spanish)
Respondent(s):

Republic of Honduras (Honduran)
Date Registered:

April 15, 2009
Date of Constitution of Tribunal:

August 18, 2009

Composition of Tribunal

President:

Enrique GÓMEZ-PINZÓN (Colombian) - Appointed by the Chairman of the Administrative Council

Party Representatives

Claimant(s):

B. Cremades y Asociados, Madrid, Spain
Respondent(s):

Dorsey & Whitney, Irvine, CA, U.S.A.
Procuradora General de la República, Tegucigalpa, Honduras
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 16, 2012 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

March 21, 2013 (Respondent(s))
Date of Constitution of ad hoc Committee:

May 7, 2013

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Andrés JANA LINETZKY (Chilean)
Members:

Jan PAULSSON (French, Swedish)
Álvaro Rodrigo CASTELLANOS HOWELL (Guatemalan)

Party Representatives

Claimant(s):

Dorsey & Whitney, Costa Mesa, CA, U.S.A.
Procurador General de la República, Tegucigalpa, Honduras
Respondent(s):

Baker & McKenzie Barcelona S. L. P., Barcelona, Spain
D. Ignacio Chueca García, Madrid, España
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 21, 2015 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).

(a) Original Proceeding

Published Decisions

Award

Available on the ICSID Website

Award (November 16, 2012) Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Elsamex S.A.'s Preliminary Objections

Decision on the Continuation of the Stay of Enforcement of the Award

Decision on the Termination of the Stay of Enforcement of the Award

Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Decision on Elsamex S.A.'s Preliminary Objections (January 7, 2014) Spanish (Original)

Decision on the Continuation of the Stay of Enforcement of the Award (January 7, 2014) Spanish (Original)

Decision on the Termination of the Stay of Enforcement of the Award (March 11, 2014) Spanish (Original)

Order Taking Note of the Discontinuance of the Proceeding (April 21, 2015) Spanish (Original)

(a) Original Proceeding

Date	Development
April 15, 2009	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
August 18, 2009	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. The Sole Arbitrator is Enrique Gómez-Pinzón (Colombian) appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention.
October 15, 2009	The Tribunal holds a first session by telephone conference.
November 11, 2009	The Respondent files a memorial on jurisdiction.
December 22, 2009	The Claimant files a counter-memorial on jurisdiction.
June 4, 2010	The Tribunal issues a decision on jurisdiction.
July 23, 2010	The Respondent files observations on the Claimant’s request for production of documents.
July 23, 2010	The Claimant files a request for production of documents.
August 2, 2010	The Claimant files a memorial on the merits.
September 18, 2010	The Sole Arbitrator confirms the parties’ agreement concerning the procedural calendar.
December 3, 2010	The Respondent files a counter-memorial on the merits, a counter-claim, and additional objections on jurisdiction.
December 21, 2010	The Sole Arbitrator decides to join the additional objections on jurisdiction to the merits.
February 18, 2011	The Claimant files a reply on the merits, a counter-memorial on the counter-claim, and the additional objections on jurisdiction.
April 7, 2011	The Respondent files a rejoinder on the merits, a reply on the counter-claim, and the additional objections on jurisdiction.
May 26, 2011	The Claimant files a rejoinder on the counter-claim and the additional objections on jurisdiction.
June 27, 2011 - June 30, 2011	The Tribunal holds a hearing on the merits, on additional objections to jurisdiction, and on the counter-claim in Tegucigalpa. In the course of the hearing, the Tribunal and the parties visit the place connected with the dispute pursuant to ICSID Arbitration Rule 37(1).
August 5, 2011	The parties file photographic reports from the site inspection of June 29, 2011.
August 11, 2011	The Sole Arbitrator poses questions to the parties.
September 9, 2011	Each party files a post-hearing brief.
September 9, 2011	Each party files a submission on costs.
November 16, 2012	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
March 21, 2013	The Secretary-General registers an application for annulment of the award filed by the Republic of Honduras, and notifies the parties of the provisional stay of the enforcement of the award.
May 7, 2013	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Jana (Chilean), President; Jan Paulsson (French/Swedish); and Álvaro Castellanos (Guatemalan); all members appointed by the Chairman of the Administrative Council.
May 23, 2013	The proceeding is suspended until July 22, 2013, pursuant to the parties' agreement.
August 5, 2013	Elsamex, S.A. files a request to terminate the stay of enforcement of the award. The Republic of Honduras files a request to continue the stay of enforcement of the award.
August 7, 2013	Elsamex S.A. files preliminary objections pursuant to ICSID Arbitration Rules 41(5) and 53.
August 21, 2013	The Republic of Honduras files observations on Elsamex S.A.'s preliminary objections pursuant to ICSID Arbitration Rules 41(5) and 53.
September 19, 2013	The ad hoc Committee holds a first session and a hearing on preliminary objections in Washington, D.C.
September 25, 2013	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
October 1, 2013	Each party files answers to questions posed by the ad hoc Committee during the first session.
October 3, 2013	The Republic of Honduras files observations on Elsamex S.A.'s answers to questions posed by the ad hoc Committee during the first session. Elsamex S.A. files a response to the Republic of Honduras' observations of October 3, 2013.
January 7, 2014	The ad hoc Committee issues a decision on Elsamex S.A.'s preliminary objections pursuant to ICSID Arbitration Rules 41(5) and 53. The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
February 17, 2014	The Republic of Honduras files observations concerning the conditions for the stay of enforcement of the award.
February 21, 2014	Elsamex S.A. files a response to the Republic of Honduras' observations of February 17, 2014, and a further request to terminate the stay of enforcement of the award.
February 28, 2014	The Republic of Honduras files observations on Elsamex S.A.'s request of February 21, 2014.
March 11, 2014	The Republic of Honduras files a memorial on annulment. The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award.
April 15, 2014	Elsamex S.A. files a counter-memorial on annulment.
May 6, 2014	The Republic of Honduras files a reply on annulment.
May 27, 2014	Elsamex S.A. files a rejoinder on annulment.
April 21, 2015	The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).