Case Details

Venoklim Holding B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/17/4)

Subject of Dispute:

Lubricant production facilities
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Netherlands - Venezuela, Republica Bolivariana de 1991
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Venoklim Holding B.V. (Dutch)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

September 25, 2017
Date of Constitution of Tribunal:

March 19, 2018

Composition of Tribunal

President:

Eduardo DAMIÃO GONÇALVES (Brazilian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Juan Pablo CÁRDENAS MEJÍA (Colombian) - Appointed by the Claimant(s)
Gabriel BOTTINI (Argentine) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Jiménez & Liévano Abogados, Bogotá, Colombia
Respondent(s):

De Jesús & De Jesús, Caracas, Venezuela
Procuraduría General de la República, Caracas, Venezuela
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 17, 2024 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
September 25, 2017	The Secretary-General registers a request for the institution of arbitration proceedings.
January 11, 2018	Following appointment by the Claimant, Juan Pablo Cárdenas Mejía (Colombian) accepts his appointment as arbitrator.
January 16, 2018	Following appointment by the Respondent, Gabriel Bottini (Argentine) accepts his appointment as arbitrator.
March 19, 2018	Following appointment by the Chairman of the Administrative Council in accordance with Article 10 of the Arbitration (Additional Facility) Rules, Eduardo Damião Gonçalves (Brazilian) accepts his appointment as presiding arbitrator.
March 19, 2018	The Tribunal is constituted in accordance with Article 9 of the Arbitration (Additional Facility) Rules. Its members are: Eduardo Damião Gonçalves (Brazilian), President, appointed by the Chairman of the Administrative Council in accordance with Article 10 of the Arbitration (Additional Facility) Rules; Juan Pablo Cárdenas Mejía (Colombian), appointed by the Claimant; and Gabriel Bottini (Argentine), appointed by the Respondent.
May 8, 2018	The Tribunal holds a first session by telephone conference.
July 9, 2018	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
September 14, 2018	The Tribunal holds a procedural meeting with the parties by telephone conference.
November 19, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
April 19, 2019	The Claimant files a memorial on the merits.
June 3, 2019	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
June 16, 2019	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
June 20, 2019	The Respondent files an application for security for costs.
July 15, 2019	The Claimant files observations on the Respondent’s request of June 20, 2019.
July 22, 2019	The Respondent files a reply on security for costs.
August 1, 2019	The Claimant files a rejoinder on security for costs.
November 13, 2020	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
February 3, 2021	The Tribunal issues Procedural Order No. 3 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.
May 5, 2021	The Respondent files a memorial on jurisdiction.
August 3, 2021	The Claimant files a countermemorial on jurisdiction.
February 23, 2022	The Respondent files a reply on jurisdiction.
April 4, 2022	The Claimant files a rejoinder on jurisdiction.
April 11, 2022	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
April 12, 2022	The Respondent files a request for the Tribunal to decide on production of documents.
April 13, 2022	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
April 19, 2022	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
May 5, 2022 - May 6, 2022	The Tribunal holds a hearing on jurisdiction in Madrid.
July 15, 2022	The Tribunal issues Procedural Order No. 5 concerning security for costs.
July 15, 2022	The Tribunal issues Procedural Order No. 6 concerning production of documents.
September 8, 2023	The Respondent files a request for the discontinuance of the proceeding.
September 12, 2023	The Tribunal invites the Claimant to files observations on the Respondent’s request of September 8, 2023.
September 18, 2023	The Claimant files observations on the Respondent’s request of September 8, 2023.
September 29, 2023	The Respondent files a response to the Claimant’s observations of September 18, 2023.
January 31, 2024	Each party files a submission on costs.
February 14, 2024	The Claimant files observations on the Respondent’s submission on costs.
October 17, 2024	The Tribunal renders its award.