Case Details

Banco Bilbao Vizcaya Argentaria S.A. v. Plurinational State of Bolivia (ICSID Case No. ARB(AF)/18/5)

Subject of Dispute:

Pension funds administration
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Bolivia - Spain 2001
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Banco Bilbao Vizcaya Argentaria S.A. (Spanish)
Respondent(s):

Plurinational State of Bolivia (Bolivian)
Date Registered:

August 20, 2018
Date of Constitution of Tribunal:

April 2, 2019

Composition of Tribunal

President:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Valeria GALÍNDEZ (Argentine, Brazilian) - Appointed by the Claimant(s)
Yves DERAINS (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Madrid, Spain
Respondent(s):

Procuraduría General del Estado, La Paz, Bolivia
Guglielmino Derecho Internacional, Buenos Aires, Argentina
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 12, 2022 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (July 12, 2022) Spanish (Original)

(a) Original Proceeding

Date	Development
August 20, 2018	The Secretary-General registers a request for the institution of arbitration proceedings.
October 24, 2018	Following appointment by the Claimant, Valeria Galíndez (Argentine/Brazilian) accepts her appointment as arbitrator.
November 22, 2018	Following appointment by the Respondent, Yves Derains (French) accepts his appointment as arbitrator.
April 2, 2019	The Tribunal is constituted in accordance with Article 6(2) of the Arbitration (Additional Facility) Rules. Its members are: Stanimir Alexandrov (Bulgarian), President, appointed by the Chairman of the Administrative Council in accordance with Article 10 of the Arbitration (Additional Facility) Rules; Valeria Galíndez (Argentine/Brazilian), appointed by the Claimant; and Yves Derains (French), appointed by the Respondent.
April 2, 2019	Following appointment by the Chairman of the Administrative Council in accordance with Article 10 of the Arbitration (Additional Facility) Rules, Stanimir Alexandrov (Bulgarian) accepts his appointment as presiding arbitrator.
May 13, 2019	The Tribunal holds a first session by telephone conference.
May 20, 2019	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 10, 2019	The Claimant files a memorial on the merits.
October 21, 2019	The proceeding is suspended until December 20, 2019, pursuant to the parties' agreement.
March 9, 2020	The Tribunal issues Procedural Order No. 2 concerning procedural matters.
March 23, 2020	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction.
May 12, 2020	Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents.
May 29, 2020	The Tribunal issues Procedural Order No. 3 concerning production of documents.
October 20, 2020	The Claimant files a reply on the merits and a counter-memorial on jurisdiction.
February 13, 2021	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
May 4, 2021	The Claimant files a rejoinder on jurisdiction.
May 5, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 13, 2021	The Claimant files observations on the Respondent’s request of May 5, 2021.
May 14, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
May 17, 2021	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
May 21, 2021	The Tribunal issues Procedural Order No. 5 concerning the admissibility of new evidence.
May 21, 2021	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
May 25, 2021	The Claimant files observations on the Respondent’s request of May 21, 2021.
May 27, 2021	The Tribunal issues Procedural Order No. 6 concerning the admissibility of new evidence.
June 21, 2021	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
June 21, 2021 - June 26, 2021	The Tribunal holds a hearing on Jurisdiction and Merits by video conference.
June 28, 2021	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 29, 2021	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
July 20, 2021	The Tribunal issues Procedural Order No. 9 concerning procedural matters.
July 23, 2021	Following exchanges between the parties, the Tribunal issues Procedural Order No. 10 concerning the admissibility of new evidence.
July 26, 2021	Each party files a post-hearing brief.
October 29, 2021	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
November 5, 2021	The Respondent files observations on the Claimant’s request of October 29, 2021.
November 8, 2021	The Tribunal decides on the Claimant’s request of October 29, 2021.
June 16, 2022	Each party files a submission on costs.
July 12, 2022	The Tribunal renders its award.