Case Details

Luis García Armas v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/16/1)

Subject of Dispute:

Food products enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Spain - Venezuela, Republica Bolivariana de 1995
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Luis García Armas (Spanish)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

May 5, 2016
Date of Constitution of Tribunal:

July 26, 2016

Composition of Tribunal

President:

Jose Emilio NUNES PINTO (Brazilian) - Appointed by the Parties
Arbitrators:

Enrique GÓMEZ-PINZÓN (Colombian) - Appointed by the Claimant(s)
Santiago TORRES BERNÁRDEZ (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields US, Washington, D.C., U.S.A.
Dechamps International Law, London, U.K.
D’Empaire Reyna Abogados, Caracas, Venezuela
Respondent(s):

De Jesús & De Jesús, Panama City, Panama and Caracas, Venezuela
Alfredo De Jesús O. – Transnational Arbitration, Litigation & Business Law, Paris, France
Procuraduría General de la República, Caracas, Venezuela
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 30, 2024 -
The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Gómez Pinzón and a declaration by arbitrators Torres Bernárdez and Nunes Pinto.

No References Available.

(a) Original Proceeding

Date	Development
May 5, 2016	The Secretary-General registers a request for the institution of arbitration proceedings.
July 6, 2016	Following appointment by the Respondent, Santiago Torres Bernárdez (Spanish) accepts his appointment as arbitrator.
July 14, 2016	Following appointment by the parties, José Emilio Nunes Pinto (Brazilian) accepts his appointment as presiding arbitrator.
July 26, 2016	Following appointment by the Claimant, Enrique Gómez Pinzón (Colombian) accepts his appointment as arbitrator.
July 26, 2016	The Tribunal is constituted in accordance with Article 6(3) of the ICSID Arbitration (Additional Facility) Rules. Its members are: José Emilio Nunes Pinto (Brazilian), President, appointed by agreement of the parties; Enrique Gómez Pinzón (Colombian), appointed by the Claimant; and Santiago Torres Bernárdez (Spanish), appointed by the Respondent.
August 31, 2016	The President of the Tribunal holds a preliminary procedural consultation with the parties.
September 23, 2016	The Claimant files a memorial on the merits.
September 26, 2016	The Tribunal holds a first session by telephone conference.
October 26, 2016	The Tribunal issues Procedural Order No.1 concerning procedural matters.
October 28, 2016	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
November 17, 2016	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
December 7, 2016	The Tribunal issues a procedural order 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.
December 9, 2016	The Tribunal issues Procedural Order No. 3.
February 21, 2017	The Tribunal issues Procedural Order No. 4 concerning procedural matters.
March 27, 2017	The Respondent files a memorial on jurisdiction.
April 7, 2017	The Respondent files a request for provisional measures.
April 24, 2017	The Claimant files observations on the Respondent’s request for provisional measures.
May 5, 2017	The Respondent files a response to the Claimant’s observations of April 24, 2017.
May 15, 2017	The Claimant files a response to the Respondent’s observations of May 5, 2017.
July 7, 2017	The Tribunal issues Procedural Order No. 5 concerning provisional measures.
July 17, 2017	The Claimant files a counter-memorial on jurisdiction.
October 13, 2017	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
November 24, 2017	The Tribunal issues Procedural Order No. 6 concerning production of documents.
January 11, 2018	The Tribunal issues Procedural Order No. 7 concerning the procedural calendar.
March 12, 2018	The Respondent files a reply on jurisdiction.
May 31, 2018	The Claimant files a rejoinder on jurisdiction.
June 5, 2018	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 14, 2018	The Claimant files observations on the Respondent’s request of June 5, 2018.
June 18, 2018	The Respondent files a response to the Claimants’ observations of June 14, 2018.
June 20, 2018	The Tribunal issues Procedural Order No. 8 concerning provisional measures.
June 21, 2018	The Claimant files observations on the Respondent’s response of June 18, 2018.
June 22, 2018	The Tribunal decides on the admissibility of new evidence.
June 22, 2018	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
June 25, 2018 - June 28, 2018	The Tribunal holds a hearing on jurisdiction in The Hague.
August 4, 2018	The Claimant files a request for provisional measures.
August 31, 2018	The Respondent files observations on the Claimant’s request for provisional measures.
October 5, 2018	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
October 5, 2018	The Tribunal issues Procedural Order No. 11 concerning provisional measures.
October 19, 2018	Each party files a post-hearing brief.
October 25, 2018	The Tribunal issues Procedural Order No. 12 concerning procedural matters.
January 11, 2019	Each party files a submission on costs.
March 20, 2019	The Tribunal issues Procedural Order No. 13 concerning procedural matters.
December 13, 2019	The Tribunal issues Procedural Order No. 14 concerning procedural matters.
July 24, 2020	The Tribunal issues a decision on jurisdiction.
March 25, 2021	The Respondent files a memorial on the remaining objections to jurisdiction and admissibility, and a counter-memorial on the merits.
June 1, 2021	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
June 21, 2021	The Tribunal issues Procedural Order No. 15 concerning production of documents.
October 14, 2021	The Claimant files a counter-memorial on the remaining objections to jurisdiction and admissibility and a reply on the merits.
March 14, 2022	The Respondent files a reply on the remaining objections to jurisdiction and admissibility, and a rejoinder on the merits.
July 13, 2022	The Claimant files a rejoinder on the remaining objections to jurisdiction and admissibility.
October 5, 2022	The President holds a pre-hearing organizational meeting with the parties by video conference.
October 18, 2022	The Tribunal issues Procedural Order No. 16 concerning the organization of the hearing.
October 24, 2022 - October 26, 2022	The Tribunal holds a hearing on the merits and the remaining objections to jurisdiction and admissibility in person in The Hague and by video conference.
January 27, 2023	Each party files a post-hearing brief.
February 28, 2023	Each party files a statement of costs.
July 26, 2024	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the ICSID Arbitration (Additional Facility) Rules.
October 30, 2024	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Gómez Pinzón and a declaration by arbitrators Torres Bernárdez and Nunes Pinto.