Case Details

Anglo American PLC v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/14/1)

Subject of Dispute:

Mining Concession
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

BIT Venezuela, Republica Bolivariana de - United Kingdom of Great Britain and Northern Ireland 1995
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Anglo American PLC (British)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

April 10, 2014
Date of Constitution of Tribunal:

October 2, 2014

Composition of Tribunal

President:

Yves DERAINS (French) - Appointed by the Parties
Arbitrators:

Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Baker & McKenzie Barcelona S. L. P., Caracas, Venezuela
Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A., London, U.K.
Respondent(s):

Procuradora General de la República, Caracas, Venezuela
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 18, 2019 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Guido Santiago Tawil.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
April 10, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
June 23, 2014	Following appointment by the Claimant, Guido Santiago Tawil (Argentine) accepts his appointment as arbitrator.
August 4, 2014	Following appointment by the Respondent, Raúl E. Vinuesa (Argentine) accepts his appointment as arbitrator.
October 2, 2014	Following appointment by the parties, Yves Derains (French) accepts his appointment as presiding arbitrator.
October 2, 2014	The Tribunal is constituted in accordance with Article 9 of the ICSID Arbitration (Additional Facility) Rules. Its members are: Yves Derains (French), President, appointed by agreement of the parties; Guido Santiago Tawil (Argentine), appointed by the Claimant; and Raúl E. Vinuesa (Spanish/Argentine), appointed by the Respondent.
November 26, 2014	The Tribunal holds a first session by telephone conference.
December 2, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 25, 2015	The Claimant files a memorial on the merits.
May 15, 2015	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
May 29, 2015	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
June 19, 2015	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the objections to jurisdiction are joined to the merits of the dispute.
November 13, 2015	The Respondent files a memorial on jurisdiction and a counter-memorial on the merits.
February 12, 2016	The Tribunal issues Procedural Order No. 3 concerning production of documents.
March 3, 2016	The Tribunal issues Procedural Order No. 4 concerning production of documents.
March 17, 2016	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
May 13, 2016	The Claimant filed a reply on the merits and response on counterclaim.
August 29, 2016	The Respondent filed a rejoinder on the merits and reply on counterclaim.
September 26, 2016	The Claimant filed a rejoinder on the Respondent’s counterclaim.
October 11, 2016	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
December 9, 2016 - December 16, 2016	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
March 31, 2017	Each party files a post-hearing brief.
April 28, 2017	Each party files a submission on costs.
August 1, 2018	The Tribunal declares the proceeding closed in accordance with Article 44 of the Arbitration (Additional Facility) Rules.
January 18, 2019	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Guido Santiago Tawil.