Case Details

Víctor Pey Casado and President Allende Foundation v. Republic of Chile (ICSID Case No. ARB/98/2)

Subject of Dispute:

Publishing enterprise
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Chile - Spain 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Víctor Pey Casado and President Allende Foundation (Spanish,Chilean)
Respondent(s):

Republic of Chile (Chilean)
Date Registered:

April 20, 1998
Date of Constitution of Tribunal:

September 14, 1998

Composition of Tribunal

President:

Pierre LALIVE (Swiss) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Mohammed CHEMLOUL (Algerian) - Appointed by the Claimant(s)
Emmanuel GAILLARD (French) - Appointed by the Chairman of the Administrative Council

Initial Composition of Tribunal

President:

Francisco REZEK (Brazilian)
Arbitrators:

Mohammed BEDJAOUI (Algerian)
Jorge A. WITKER VELÁSQUEZ (Mexican)
Reconstituted:

November 19, 1998: Galo LEORO FRANCO (Ecuadorian) appointed following the resignation of Jorge A. WITKER VELÁSQUEZ (Mexican)
April 11, 2001: Pierre LALIVE (Swiss) appointed following the resignation of Francisco REZEK (Brazilian)
July 14, 2006: Mohammed CHEMLOUL (Algerian) appointed following the disqualification of Mohammed BEDJAOUI (Algerian)
July 14, 2006: Emmanuel GAILLARD (French) appointed following the resignation of Galo LEORO FRANCO (Ecuadorian)

Party Representatives

Claimant(s):

Juan E. Garcés, Madrid, Spain
Gide, Loyrette, Nouel, Paris, France
Ropes & Grey, Washington, D.C., U.S.A.
William W. Park, Boston, U.S.A.
Respondent(s):

Jefe de la División Jurídica, Ministerio de Economía, Fomento y Reconstrucción and Programa de Defensa en Arbitrajes de Inversión Extranjera, Santagio, Chile
Arnold & Porter, Washington, D.C., U.S.A.
Carey & Cía, Santiago, Chile
Language(s) of Proceeding:

English,French,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 8, 2008 - The Tribunal renders its award.

(b) Revision Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

June 17, 2008 (Claimant(s))
Date of Constitution of Tribunal:

June 20, 2008

Composition of Tribunal

President:

Pierre LALIVE (Swiss)
Arbitrators:

Mohammed CHEMLOUL (Algerian)
Emmanuel GAILLARD (French)

Party Representatives

Claimant(s):

Juan E. Garcés, Garcés y Prada Abogados, Madrid, Spain
Gide, Loyrette, Nouel, Paris, France
Ropes & Grey, Washington, D.C., U.S.A.
Respondent(s):

Ministro de Economía, Fomento y Reconstrucción, Santagio, Chile
Arnold & Porter, Washington, D.C., U.S.A.
Carey y Cía, Santiago, Chile
Language(s) of Proceeding:

English,French,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 18, 2009 - The Tribunal issues a decision on the application for the revision of the award.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

July 6, 2009 (Respondent(s))
Date of Constitution of ad hoc Committee:

December 22, 2009

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

President:

L. Yves FORTIER (Canadian)
Members:

Piero BERNARDINI (Italian)
Ahmed Sadek EL-KOSHERI (Egyptian)

Party Representatives

Claimant(s):

BuckleySandler, Washington D.C., U.S.A.
Gide, Loyrette, Nouel, Paris, France
Juan E. Garcés, Garcés y Prada, Abogados, Madrid, Spain
Respondent(s):

Arnold & Porter, Washington, D..C., U.S.A.
Carey y Cía, Santiago, Chile
Comité de Inversiones Extranjeras, Ministro de Economía, Fomento y Turismo, Santiago, Chile
Vicepresidente Ejecutivo, Ministro de Economía, Fomento y Turismo, Santiago, Chile
Language(s) of Proceeding:

English,French,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 18, 2012 - The ad hoc Committee issues its decision on annulment.

(d) Supplementary Decision Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

February 7, 2013 (Respondent(s))

Party Representatives

Claimant(s):

BuckleySandler, Washington D.C., U.S.A.
Gide, Loyrette, Nouel, Paris, France
Juan E. Garcés, Garcés y Prada, Abogados, Madrid, Spain
Respondent(s):

Arnold & Porter, Washington, D.C., U.S.A.
Carey & Cía, Santiago, Chile
Comité de Inversiones Extranjeras, Ministério de Economia, Santiago, Chile
Language(s) of Proceeding:

English,French,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 11, 2013 - The ad hoc Committee issues its decision on the request for supplementation of the decision on annulment.

(e) Resubmission Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

July 8, 2013 (Claimant(s))
Date of Constitution of Tribunal:

December 24, 2013

Composition of Tribunal

President:

Franklin BERMAN (British) - Appointed by the Chairman of the Administrative Council
Arbitrators:

V.V. VEEDER (British) - Appointed by the Claimant(s)
Alexis MOURRE (French) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Franklin BERMAN (British)
Arbitrators:

Philippe SANDS (British, French, Mauritian)
Alexis MOURRE (French)
Reconstituted:

January 31, 2014: V.V. VEEDER (British) appointed following the resignation of Philippe SANDS (British ,French ,Mauritian)

Party Representatives

Claimant(s):

Gide, Loyrette, Nouel, Paris, France
Juan E. Garcés, Garcés y Prada, Abogados, Madrid, Spain
Respondent(s):

Agencia de Promoción de la Inversión Extranjera – InvestChile, Ministério de Economia, Santiago, Chile
Arnold & Porter, Washington, D.C., U.S.A.
Carey & Cía, Santiago, Chile
Language(s) of Proceeding:

English,French,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 13, 2016 - The Tribunal renders its award.

(f) Interpretation Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

October 21, 2016 (Claimant(s))

Party Representatives

Claimant(s):

Gide Loyrette Nouel, Paris, France
Juan E. Garcés, Garcés y Prada, Abogados, Madrid, Spain
Respondent(s):

Agencia de Promoción de la Inversión Extranjera - InvestChile, Santiago, Chile
Arnold & Porter, Washington, D.C., U.S.A
Cabi Carey & Cía, Santiago, Chile
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 12, 2017 - The Secretary-General issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(g) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

November 8, 2016

Party Representatives

Claimant(s):

Gide Loyrette Nouel, Paris, France
Juan E. Garces, Garces y Prada, Abogados, Madrid, Spain
Respondent(s):

Agencia de Promocion de la Inversion Extranjera InvestChile, Santiago, Chile
Arnold & Porter Kaye Scholer, Washington, D.C., U.S.A and London, U.K.
Cabi Carey & Cia, Santiago, Chile
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 6, 2017 - The Tribunal issues a decision on the rectification of the award.

(h) Second Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

October 25, 2017 (Claimant(s))
Date of Constitution of Tribunal:

December 20, 2017

Composition of Tribunal

President:

Rolf KNIEPER (German)
Arbitrators:

Yuejiao ZHANG (Chinese)
Nicolas ANGELET (Belgian)

Party Representatives

Claimant(s):

Garcés y Prada, Abogados, Madrid, Spain
Professor Robert L. Howse, NY, U.S.A.
Gide Loyrette Nouel, Paris, France
Respondent(s):

Dirección General de Relaciones Económicas Internacionales Ministerio de Relaciones Exteriores, Santiago, Chile
Arnold & Porter Kaye Scholer, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,French
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 8, 2020 - The ad hoc Committee issues its decision on annulment; attached to the decision is a concurring opinion by ad hoc Committee member Nicolas Angelet.

(a) Original Proceeding

Published Decisions

Introductory Note

Decision on Provisional Measures of September 25, 2001,[French original] 16 ICSID Rev.—FILJ 567 (2001); [Spanish original] 16 ICSID Rev.—FILJ 603 (2001); English translation of French and Spanish originals in 6 ICSID Rep. 375 (2004).

Available on the ICSID Website

Introductory Note (September 25, 2001)

Decision on Provisional Measures (September 25, 2001) French (Original); Spanish (Original)

(b) Resubmission Proceeding

Published Decisions

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Award of the Tribunal

Available on the ICSID Website

Procedural Order No. 1 (May 18, 2014) English (Original); French (Original)

Procedural Order No. 2 (December 16, 2014) English (Original); French (Original)

Procedural Order No. 3 (April 2, 2015) English (Original); French (Original)

Award of the Tribunal (September 13, 2016) English (Original); French (Original); Spanish (Original)

(c) Rectification Proceeding

Published Decisions

Decision on the Proposal for Disqualification

Decision on the Rectification of the Award

Available on the ICSID Website

Decision on the Proposal for Disqualification (February 21, 2017) English (Original); French (Original)

Decision on the Proposal for Disqualification (April 13, 2017) English (Original); French (Original)

Decision on the Rectification of the Award (October 6, 2017) English (Original); French (Original); Spanish (Original)

(d) Second Annulment Proceeding

Published Decisions

Decision on the Request for the Stay of the Enforcement of the Award

Decision on the Request for Clarification regarding the Decision on the Stay of Enforcement of the Award

Decision on Annulment

Concurring Opinion of Nicolas Angelet

Available on the ICSID Website

Decision on the Request for the Stay of the Enforcement of the Award (March 15, 2018) English (Original); French (Original)

Decision on the Request for Clarification regarding the Decision on the Stay of Enforcement of the Award (July 15, 2019) English (Original); French (Original)

Decision on Annulment (January 8, 2020) English (Original); French (Original)

Concurring Opinion of Nicolas Angelet (January 7, 2020) English (Original); French (Original)

(a) Original Proceeding

Date	Development
April 20, 1998	The Secretary-General registers a request for the institution of arbitration proceedings.
September 14, 1998	The Tribunal is constituted. Its members are: Francisco Rezek (Brazilian), President; Mohammed Bedjaoui (Algerian); and Jorge A. Witker Velásquez (Mexican).
November 19, 1998	The Tribunal is reconstituted. Its members are: Francisco Rezek (Brazilian), President; Mohammed Bedjaoui (Algerian); and Galo Leoro Franco (Ecuadorian), appointed following the resignation of Jorge A. Witker Velásquez (Mexican).
February 2, 1999	The Tribunal holds its first session with the parties in Washington, D.C.
March 23, 1999	The Claimants file their memorial on jurisdiction and the merits.
September 13, 1999	The Respondent files a request for provisional measures.
October 6, 1999	The Claimants file their counter-memorial on jurisdiction.
January 3, 2000	The Respondent files its reply on jurisdiction.
February 10, 2000	The Claimants file their rejoinder on jurisdiction.
May 3, 2000 - May 5, 2000	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
April 11, 2001	The Tribunal is reconstituted following the resignation of Judge Francisco Rezek. Its members are: Pierre Lalive (Swiss), President; Mohammed Bedjaoui (Algerian); and Galo Leoro Franco (Ecuadorian).
April 23, 2001	The Claimants file a request for provisional measures pursuant to Article 39 of the ICSID Arbitration Rules.
May 11, 2001	The Tribunal issues a procedural order regarding the Claimants' request for provisional measures and a request for provisional measures filed previously by the Respondent.
May 17, 2001	The Claimants file their observations on the Respondent's request for provisional measures.
May 21, 2001	The Respondent files its observations on the Claimants' request for provisional measures.
June 13, 2001	The Tribunal issues a procedural order concerning the schedule of a hearing on provisional measures.
June 21, 2001	The Tribunal holds a hearing on provisional measures with the parties in Geneva.
June 22, 2001	The Tribunal issues a procedural order regarding ICSID Arbitration Rule 12.
September 26, 2001	The Tribunal issues its decision on provisional measures.
October 29, 2001 - October 30, 2001	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
November 8, 2001	The parties file their summaries of oral arguments.
May 10, 2002	The Tribunal issues a decision joining the objections to jurisdiction to the merits.
September 16, 2002	The Claimants file their memorial on jurisdiction and the merits.
October 8, 2002	The Respondent files a request to separate the issues of liability from the issues of damages.
November 4, 2002	The Claimants file an additional claim.
February 3, 2003	The Respondent files its counter-memorial on jurisdiction and the merits.
March 3, 2003	The Claimants file their reply on jurisdiction and the merits.
April 4, 2003	The Respondent files its rejoinder on jurisdiction and the merits.
May 4, 2003 - May 6, 2003	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
August 23, 2005	The proceeding is suspended following a proposal for the disqualification of the three members of the Tribunal.
August 26, 2005	One of the arbitrators files a resignation as a member of the Tribunal.
February 13, 2006	After receiving observations from the parties and the members of the Tribunal, the Acting Secretary-General moves to request the recommendation of the Secretary General of the Permanent Court of Arbitration (PCA) on the proposal for disqualification.
February 21, 2006	On the recommendation of the Secretary General of the PCA, the Chairman of the ICSID Administrative Council upholds the application for disqualification of one of the arbitrators.
March 31, 2006	The Claimants appoint Mohamed Chemloul (Algerian) as arbitrator.
April 25, 2006	The Acting Secretary-General is notified by the other members of the Tribunal, pursuant to ICSID Arbitration Rule 8(2), of their decision not to consent to the resignation filed on August 26, 2005.
July 14, 2006	The Tribunal is reconstituted. Its members are: Pierre Lalive (Swiss), President; Mohammed Chemloul (Algerian); and Emmanuel Gaillard (French). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
October 24, 2006	The Tribunal issues a procedural order concerning procedural matters.
November 22, 2006	The Tribunal issues a further procedural order concerning procedural matters.
January 15, 2007 - January 16, 2007	The Tribunal holds a hearing in Paris on questions raised by the Tribunal.
July 18, 2007	The Tribunal invites the parties to produce documents.
July 19, 2007	The Claimants produce documents.
October 18, 2007	The Respondent files observations and produces documents.
October 23, 2007	The Claimants file a submission on costs.
October 29, 2007	The Claimants reply to the Respondent’s observations on the documents.
November 3, 2007	The Respondent files a submission on costs.
November 7, 2007	The Claimants file a further submission on costs.
November 9, 2007	The Respondent files observations on the Claimants’ reply of October 29, 2007.
November 20, 2007	The Respondent files observations on the Claimants’ submissions on costs.
January 31, 2008	The Tribunal declares the proceeding closed.
March 31, 2008	The Tribunal extends the period to draw up and sign its award.
May 8, 2008	The Tribunal renders its award.

(b) Revision Proceeding

Date	Development
June 17, 2008	The Acting Secretary-General registers an application for the revision of the award.
June 20, 2008	The Tribunal is reconstituted. Its members are: Pierre Lalive (Swiss), President; Mohammed Chemloul (Algerian); and Emmanuel Gaillard (French).
July 16, 2008	The Respondent files a request for the stay of enforcement of the award.
August 1, 2008	The Claimants file observations on the Respondent’s request for the stay of enforcement of the award.
August 5, 2008	The Tribunal issues a decision on the stay of enforcement of the award.
September 10, 2008	The Tribunal holds a first session by telephone conference.
September 11, 2008	The Claimants file observations on certain pending procedural matters.
October 1, 2008	The Respondent files a counter-memorial on revision.
October 15, 2008	The Respondent files observations on certain pending procedural matters.
November 3, 2008	The Claimants file a reply on revision.
December 3, 2008	The Respondent files a rejoinder on revision.
March 10, 2009 - March 11, 2009	The Tribunal holds a hearing in Paris.
March 31, 2009	The parties file observations on various procedural matters.
April 15, 2009	The parties file statements of costs.
April 17, 2009	The Claimants file observations on the Respondent's statement of costs.
April 21, 2009	The Tribunal invites the Respondent to file a reply to the Claimants' observations of April 17, 2009.
April 22, 2009	The Respondent files a reply to the Claimants' observations of April 17, 2009.
November 3, 2009	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 53 and 38(1).
November 18, 2009	The Tribunal issues a decision on the application for the revision of the award.

(c) Annulment Proceeding

Date	Development
July 6, 2009	The Secretary-General registers an application for the institution of annulment proceedings.
December 22, 2009	The ad hoc Committee is constituted. Its members are: L. Yves Fortier (Canadian), President; Piero Bernardini (Italian); and Ahmed Sadek El-Kosheri (Egyptian).
January 15, 2010	The Republic of Chile files observations on its request for a stay of enforcement of the award.
January 25, 2010	The Republic of Chile files observations on the admissibility of the annulment application.
January 25, 2010	Victor Pey Casado and Fundación Presidente Allende file observations on the request for a stay of enforcement of the award.
January 29, 2010	The ad hoc Committee holds a first session in Paris.
May 6, 2010	The ad hoc Committee issues a decision on the admissibility of the application for annulment.
May 7, 2010	The ad hoc Committee issues a decision on the Republic of Chile’s application for a stay of enforcement of the award.
June 8, 2010	The ad hoc Committee issues a procedural order concerning the procedural calendar.
June 10, 2010	The Republic of Chile files a memorial on annulment.
October 15, 2010	Víctor Pey Casado and President Allende Foundation file a counter-memorial on annulment.
December 22, 2010	The Republic of Chile files a reply on annulment.
February 28, 2011	Víctor Pey Casado and President Allende Foundation file a rejoinder on annulment.
April 18, 2011	The ad hoc Committee issues a procedural order concerning various procedural matters.
May 5, 2011	The ad hoc Committee issues a further procedural order concerning various procedural matters.
June 7, 2011 - June 8, 2011	The ad hoc Committee holds a hearing on annulment in Paris.
June 23, 2012	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
July 6, 2012	Víctor Pey Casado and President Allende Foundation file a statement of costs.
July 13, 2012	The Republic of Chile files a statement of costs.
October 21, 2012	The ad hoc Committee extends the period to draw up and sign its decision in accordance with ICSID Arbitration Rules 53 and 46.
December 18, 2012	The ad hoc Committee issues its decision on annulment.

(d) Supplementary Decision Proceeding

Date	Development
February 7, 2013	The Secretary-General registers a request for supplementation of the decision on annulment filed by the Republic of Chile.
February 18, 2013	The ad hoc Committee decides on the calendar for the parties' observations on the Republic of Chile's request for supplementation of the decision on annulment.
March 4, 2013	The Republic of Chile files observations in support of its request for supplementation of the decision on annulment.
March 29, 2013	Víctor Pey Casado and President Allende Foundation file a response to the Republic of Chile's observations of March 4, 2013.
April 3, 2013	The Republic of Chile files a request for the stay of enforcement of a portion of the award.
April 8, 2013	Víctor Pey Casado and President Allende Foundation file observations on the Republic of Chile's request of April 3, 2013.
April 12, 2013	The Republic of Chile files a reply on Víctor Pey Casado and President Allende Foundation's response of March 29, 2013.
April 25, 2013	The ad hoc Committee decides on the Republic of Chile's request of April 3, 2013 in summary form.
April 26, 2013	Víctor Pey Casado and President Allende Foundation file a rejoinder on the Republic of Chile's reply of April 12, 2013.
May 16, 2013	The ad hoc Committee issues a decision on the Republic of Chile's request of April 3, 2013.
July 30, 2013	Víctor Pey Casado and President Allende Foundation file a statement of costs.
July 31, 2013	The Republic of Chile files a statement of costs.
September 11, 2013	The ad hoc Committee issues its decision on the request for supplementation of the decision on annulment.

(e) Resubmission Proceeding

Date	Development
July 8, 2013	The Secretary-General registers a request for resubmission of the dispute to a new tribunal.
August 5, 2013	Following appointment by the Claimants, Philippe Sands (British/French) accepts his appointment as arbitrator.
October 11, 2013	Following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator.
December 24, 2013	Following appointment by the Chairman of the Administrative Council, Frank Berman (British) accepts his appointment as presiding arbitrator.
December 24, 2013	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Franklin Berman (British), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention ; Philippe Sands (British/French) appointed by the Claimants; and Alexis Mourre (French), appointed by the Respondent.
January 6, 2014	The Respondent files a proposal for disqualification of arbitrator Philippe Sands. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
January 10, 2014	The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
January 13, 2014	Following the resignation of arbitrator Philippe Sands, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
January 13, 2014	The Tribunal consents to the resignation of arbitrator Philippe Sands pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
January 31, 2014	Following the resignation of arbitrator Philippe Sands, V. V. Veeder (British) accepts his appointment as arbitrator, appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1).
January 31, 2014	The Tribunal is reconstituted. Its members are: Franklin Berman (British), President, appointed by the Chairman of the Administrative Council; V. V. Veeder (British), appointed by the Claimants in accordance with ICSID Arbitration Rule 11(1); and Alexis Mourre (French) appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
March 11, 2014	The Tribunal holds a first session by telephone conference.
May 18, 2014	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
June 27, 2014	The Claimants file a memorial on quantum.
October 27, 2014	The Respondent files a counter-memorial on quantum.
November 10, 2014	The Claimants file a request for the Tribunal to decide on production of documents.
December 1, 2014	The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents.
December 3, 2014	The Claimants file a response to the Respondent’s observations of December 1, 2014.
December 8, 2014	The Respondent files further observations on the Claimants’ response of December 3, 2014.
December 16, 2014	The Tribunal issues Procedural Order No. 2 concerning production of documents.
January 9, 2015	The Claimants file a reply on quantum.
March 9, 2015	The Respondent files a rejoinder on quantum.
April 2, 2015	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
April 13, 2015 - April 16, 2015	The Tribunal holds a hearing on quantum in London.
September 18, 2015	The Claimants file a request for the admissibility of new evidence.
September 28, 2015	The Respondent files observations on the Claimants’ request of September 18, 2015.
October 9, 2015	The Tribunal decides on the Claimants’ request of September 18, 2015.
October 15, 2015	As directed by the Tribunal, the Claimants produce new evidence.
March 17, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
September 13, 2016	The Tribunal renders its award.

(f) Interpretation Proceeding

Date	Development
October 21, 2016	The Secretary-General registers an application for interpretation of the award filed by Victor Pey Casado and Foundation Presidente Allende.
December 1, 2016	Following appointment by the Claimants, Hélène Ruiz Fabri (French) accepts her appointment as arbitrator.
January 23, 2017	Following appointment by the Respondent, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator.
May 12, 2017	The Secretary-General issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(g) Rectification Proceeding

Date	Development
November 8, 2016	The Acting Secretary-General registers a request for rectification of the award filed by Victor Pey Casado and President Allende Foundation.
November 22, 2016	The Claimants file a proposal for disqualification of arbitrators Franklin Berman and V.V. Veeder. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
December 16, 2016	The Respondent files observations on the proposal for disqualification.
January 13, 2017	The Claimants file further observations on the proposal for disqualification.
February 21, 2017	The proposal for disqualification of arbitrators Franklin Berman and V.V. Veeder is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
February 23, 2017	The Claimants file a proposal for disqualification of arbitrator V.V. Veeder. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
April 13, 2017	The proposal for disqualification of arbitrators Franklin Berman and V.V. Veeder is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
October 6, 2017	The Tribunal issues a decision on the rectification of the award.

(h) Second Annulment Proceeding

Date	Development
October 25, 2017	The Secretary-General registers an application of the award filed by Victor Pey Casado and Foundation President Allende and notifies the parties of the provisional stay of enforcement of the award.
December 20, 2017	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Rolf Knieper (German), President; Yuejiao Zhang (Chinese); and Nicolas Angelet (Belgian); all members appointed by the Chairman of the Administrative Council.
February 16, 2018	The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award in Washington, D.C.
March 15, 2018	The ad hoc Committee issues a decision on the stay of enforcement of the award.
March 16, 2018	Victor Pey Casado and President Allende Foundation file a request for the ad hoc Committee to decide on the admissibility of new evidence.
March 20, 2018	The Republic of Chile files observations on the Claimants’ request of March 16, 2018.
March 24, 2018	The ad hoc Committee decides on the admissibility of new documents.
March 29, 2018	Victor Pey Casado and President Allende Foundation file a request for the ad hoc Committee to decide on the admissibility of new evidence.
April 6, 2018	The Republic of Chile files observations on the Claimants’ request of March 29, 2018.
April 13, 2018	The ad hoc Committee decides on the admissibility of new documents.
April 27, 2018	Victor Pey Casado and President Allende Foundation file a memorial on annulment.
July 20, 2018	The Republic of Chile files a counter-memorial on annulment.
August 20, 2018	Following exchanges between the parties, Victor Pey Casado and President Allende Foundation file a request for the Committee to decide on production of documents.
August 30, 2018	The ad hoc Committee issues Procedural Order No. 2 concerning production of documents.
November 9, 2018	Victor Pey Casado and President Allende Foundation file a reply on annulment.
January 25, 2019	The Republic of Chile files a rejoinder on annulment.
February 26, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
March 12, 2019 - March 14, 2019	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
May 15, 2019	Each party files a statement of costs.
May 30, 2019	Each party files observations on the other party’s statement of costs.
June 11, 2019	Victor Pey Casado and President Allende Foundation file a request for the Tribunal to decide on the admissibility of new evidence.
June 18, 2019	The Republic of Chile files observations on Victor Pey Casado and President Allende Foundation’s request of June 11, 2019.
June 24, 2019	The ad hoc Committee decides on the admissibility of new evidence.
July 1, 2019	The Republic of Chile files a request for clarification regarding the decision on the stay of the enforcement of the award.
July 8, 2019	Victor Pey Casado and President Allende Foundation file observations on the Republic of Chile’s request for clarification regarding the decision on the stay of the enforcement of the award.
July 15, 2019	The ad hoc Committee issues a decision on the Republic of Chile’s request for clarification regarding the decision on the stay of the enforcement of the award.
September 2, 2019	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
September 11, 2019	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 8, 2020	The ad hoc Committee issues its decision on annulment; attached to the decision is a concurring opinion by ad hoc Committee member Nicolas Angelet.