Case Details

Air Canada v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/17/1)

Subject of Dispute:

Air transportation services
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Canada - Venezuela, Republica Bolivariana de 1996
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Air Canada (Canadian)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

January 13, 2017
Date of Constitution of Tribunal:

September 26, 2017

Composition of Tribunal

President:

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

Charles PONCET (Swiss) - Appointed by the Claimant(s)
Deva VILLANUA GOMEZ (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

King & Spalding, Paris, France and Houston, TX, U.S.A.
Respondent(s):

De Jesús & De Jesús, Caracas, Venezuela
Procuraduría General de la República, Caracas, Venezuela
Alfredo De Jesús O. - Transnational Arbitration & Litigation, Paris, France
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 13, 2021 - The Tribunal renders its award.

(b) Correction Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

October 12, 2021 (Respondent(s))

Party Representatives

Claimant(s):

King & Spalding, Paris, France and Houston, TX, U.S.A.
Respondent(s):

De Jesús & De Jesús, Caracas, Venezuela
Procuraduría General de la República, Caracas, Venezuela
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 27, 2021 - The Tribunal issues a decision on correction of the award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(a) Original Proceeding

Date	Development
January 13, 2017	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
April 24, 2017	Following appointment by the Claimant, Charles Poncet (Swiss) accepts his appointment as arbitrator.
April 25, 2017	Following appointment by the Respondent, Deva Villanúa (Spanish) accepts her appointment as arbitrator.
September 26, 2017	The Tribunal is constituted in accordance with Article 9 of the Arbitration (Additional Facility) Rules Its members are: Pierre Tercier (Swiss), President, appointed by the Chairman of the Administrative Council in accordance with Article 10 of the Arbitration (Additional Facility) Rules; Charles Poncet (Swiss), appointed by Claimant; and Deva Villanúa Gómez (Spanish), appointed by Respondent.
December 14, 2017	The Tribunal holds a first session by telephone conference.
January 12, 2018	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
March 22, 2018	The Claimant files a memorial on the merits.
June 15, 2018	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
June 28, 2018	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
July 10, 2018	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
August 3, 2018	The Respondent files a counter-memorial on jurisdiction and merits.
August 10, 2018	The Respondent files a request for the Tribunal to decide on production of documents.
August 10, 2018	The Claimant files a request for the Tribunal to decide on production of documents.
August 24, 2018	Each party files observations on the other party’s request for the Tribunal to decide on production of documents.
August 31, 2018	Each party files a response to the other party’s observations of August 24, 2018.
September 14, 2018	The Tribunal issues Procedural Order No. 3 concerning production of documents.
October 29, 2018	The Tribunal issues Procedural Order No. 4 concerning production of documents.
November 20, 2018	The Tribunal issues Procedural Order No. 5 concerning production of documents.
November 29, 2018	The Tribunal issues Procedural Order No. 6 concerning confidentiality.
December 14, 2018	The Claimant files a reply memorial on the merits and a counter-memorial on jurisdiction.
May 28, 2019	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
October 25, 2019	The Respondent files a rejoinder on jurisdiction and reply on the merits.
February 3, 2020	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
February 24, 2020	The Tribunal issues Procedural Order No. 8 concerning the organization of the hearing.
March 10, 2020 - March 12, 2020	The Tribunal holds a hearing on jurisdiction and the merits in Paris.
April 3, 2020	The Tribunal issues Procedural Order No. 9 concerning post-hearing matters.
June 5, 2020	Each party files a post-hearing brief.
July 8, 2020	The Tribunal issues Procedural Order No. 10 concerning procedural matters.
September 11, 2020	Each party files a reply post-hearing brief.
January 8, 2021	Each party files a submission on costs.
August 12, 2021	The Tribunal declares the proceeding closed pursuant to Article 44 of the Arbitration (Additional Facility) Rules.
September 13, 2021	The Tribunal renders its award.

(b) Correction Proceeding

Date	Development
October 12, 2021	The Respondent files a request for correction of the award pursuant to Article 56 of the Arbitration (Additional Facility) Rules.
October 27, 2021	The Tribunal issues a decision on correction of the award.