Case Details

Corona Materials, LLC v. Dominican Republic (ICSID Case No. ARB(AF)/14/3)

Subject of Dispute:

Other mining and quarrying project
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Corona Materials, LLC (U.S.)
Respondent(s):

Dominican Republic (Dominican)
Date Registered:

July 30, 2014
Date of Constitution of Tribunal:

October 19, 2015

Composition of Tribunal

President:

Pierre-Marie DUPUY (French) - Appointed by the Parties
Arbitrators:

Fernando MANTILLA-SERRANO (Colombian) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

K&L Gates, London, U.K. and New York, NY, U.S.A.
Respondent(s):

Arnold & Porter, Washington, D.C., U.S.A.
Dirección de Comercio Exterior y Administración de Tratados Comerciales, Ministerio de Industria y Comercio, Santo Domingo, República Dominicana
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 31, 2016 - The Tribunal declares the proceeding closed in accordance with Article 44 of the ICSID Arbitration (Additional Facility) Rules.

The Tribunal renders its award.

(a) Original 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 (December 16, 2015) English (Original); Spanish (Original)

Procedural Order No. 2 (March 30, 2016) English (Original)

Procedural Order No. 3 (April 19, 2016) English (Original); Spanish (Original)

Award of the Tribunal (May 31, 2016) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
July 30, 2014	The Secretary-General registers a request for the institution of arbitration proceedings.
August 28, 2014	Following appointment by the Claimant, Fernando Mantilla-Serrano (Colombian) accepts his appointment as arbitrator.
September 4, 2014	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
October 19, 2015	Following appointment by the parties, Pierre-Marie Dupuy (French) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: Pierre-Marie Dupuy (French), President, appointed by agreement of the parties; Fernando Mantilla-Serrano (Colombian), appointed by the Claimant; and J. Christopher Thomas, QC (Canadian), appointed by the Respondent.
December 3, 2015	The Respondent files preliminary objections pursuant to DR-CAFTA Article 10.20.5.
December 9, 2015	The Tribunal holds a first session by telephone conference.
December 16, 2015	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 29, 2016	The Claimant files a counter-memorial on the Respondent’s preliminary objections pursuant to DR-CAFTA Article 10.20.5.
February 19, 2016	The Respondent files a reply on preliminary objections pursuant to DR-CAFTA Article 10.20.5.
March 11, 2016	The United States of America files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2. The Claimant files a rejoinder on preliminary objections pursuant to DR-CAFTA Article 10.20.5.
March 18, 2016	Each party files observations on the United States of America submission of February 19, 2016.
March 29, 2016	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
March 30, 2016	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
April 6, 2016	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
April 11, 2016 - April 12, 2016	The Tribunal holds a hearing on preliminary objections pursuant to DR-CAFTA Article 10.20.5. in Paris.
April 19, 2016	The Tribunal issues Procedural Order No. 3 concerning procedural matters.
April 21, 2016	Each party files a post-hearing brief.
May 6, 2016	Each party files a submission on costs.
May 31, 2016	The Tribunal declares the proceeding closed in accordance with Article 44 of the ICSID Arbitration (Additional Facility) Rules. The Tribunal renders its award.