Case Details
Dick Fernando Abanto Ishivata v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/18/6)
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Telecommunication concession
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Information & Communication
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BIT Venezuela, Republica Bolivariana de - Peru 1996
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ICSID Additional Facility - Arbitration Rules
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Dick Fernando Abanto Ishivata (Peruvian)
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Bolivarian Republic of Venezuela (Venezuelan)
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November 6, 2018
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October 8, 2019
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Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Chairman of the Administrative Council
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Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Antolín FERNÁNDEZ ANTUÑA (Spanish) - Appointed by the Respondent(s) -
Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Chairman of the Administrative Council
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Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Santiago TORRES BERNÁRDEZ (Spanish) - Appointed by the Respondent(s) -
December 23, 2021: Antolín FERNÁNDEZ ANTUÑA (Spanish) appointed following the resignation of Santiago TORRES BERNÁRDEZ (Spanish)
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Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Dechamps International Law, London, U.K.
D’Empaire Reyna Abogados, Caracas, Venezuela -
Procuraduría General de la República, Caracas, Venezuela
Guglielmino & Asociados, Buenos Aires, Argentina -
Spanish
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Concluded
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October 16, 2024 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Antolín Fernández Antuña.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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November 6, 2018 | The Secretary-General registers a request for the institution of arbitration proceedings. |
February 26, 2019 | Following appointment by the Claimant, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator. |
April 2, 2019 | Following appointment by the Respondent, Santiago Torres Bernárdez (Spanish) accepts his appointment as arbitrator. |
October 8, 2019 | The Tribunal is constituted in accordance with Article 6(3) of the Arbitration (Additional Facility) Rules. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by the Chairman of the Administrative Council in accordance with Article 6(4) of the Arbitration (Additional Facility) Rules; Horacio A. Grigera Naón (Argentine), appointed by the Claimant; and Santiago Torres Bernárdez (Spanish), appointed by the Respondent. |
October 8, 2019 | Following appointment by the Chairman of the Administrative Council in accordance with Article 6(4) of the Arbitration (Additional Facility) Rules, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator. |
December 3, 2019 | The Tribunal holds a preliminary procedural consultation by telephone conference. |
February 3, 2020 | The Tribunal issues Procedural Order No. 1 concerning procedural matters. |
February 21, 2020 | The Tribunal issues Procedural Order No. 3 concerning procedural matters. |
March 12, 2020 | The Claimant files a memorial on the merits. |
March 17, 2020 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
May 16, 2020 | The Respondent files a proposal for disqualification of arbitrator Horacio Grigera Naón. The proceeding is suspended in accordance with ICSID Arbitration (Additional Facility) Rule 15(7). |
May 29, 2020 | The Claimant files observations on the proposal for disqualification. |
June 2, 2020 | The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration (Additional Facility) Rule 15(4). |
June 10, 2020 | The Respondent files observations on the arbitrator explanations regarding the proposal for disqualification. |
June 23, 2020 | The Claimant files further observations on the proposal for disqualification. |
October 26, 2020 | The proposal for disqualification of Horacio Grigera Naón is declined by the Secretary-General of ICSID. The proceeding is resumed pursuant to Article 15(7) of the Arbitration (Additional Facility) Rules. |
February 26, 2021 | The Respondent files a counter-memorial on the merits, a memorial on jurisdiction and a request for bifurcation. |
April 9, 2021 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
May 7, 2021 | The Tribunal issues Procedural Order No. 4 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question. |
May 24, 2021 | The Tribunal issues Procedural Order No. 5 concerning procedural matters. |
June 28, 2021 | Following exchanges between the parties, the parties file a request for the Tribunal to decide on production of documents. |
July 23, 2021 | The Tribunal issues Procedural Order No. 6 concerning production of documents. |
September 24, 2021 | The Tribunal issues Procedural Order No. 7 concerning third party funding. |
October 21, 2021 | Following the resignation of arbitrator Santiago Torres Bernárdez, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to Article 16(2) of the Arbitration (Additional Facility) Rules. |
December 23, 2021 | The Tribunal is reconstituted. Its members are: Juan Fernández-Armesto (Spanish), President, appointed by the Chairman of the Administrative Council in accordance with Article 6(4) of the ICSID Arbitration (Additional Facility) Rules; Horacio A. Grigera Naón (Argentine), appointed by the Claimant; and Antolín Fernández Antuña (Spanish), appointed by the Respondent. The proceeding is resumed pursuant to Article 18 of the ICSID Arbitration (Additional Facility) Rules. |
January 20, 2022 | The Claimant files a reply on the merits and a counter-memorial on jurisdiction. |
April 12, 2022 | The Tribunal issues Procedural Order No. 8 concerning third party funding. |
May 26, 2022 | The Respondent files a rejoinder on the merits and a reply on jurisdiction. |
July 6, 2022 | The Claimant files a rejoinder on jurisdiction. |
July 15, 2022 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
July 25, 2022 | The Tribunal issues Procedural Order No. 9 concerning the organization of the hearing. |
August 2, 2022 - August 5, 2022 | The Tribunal holds a hearing on jurisdiction and the merits in The Hague. |
August 29, 2022 | The Tribunal issues Procedural Order No. 10 concerning procedural matters. |
January 3, 2023 | The Tribunal issues Procedural Order No. 11 concerning procedural matters. |
March 17, 2023 | The Claimant files a first round of closing submissions. |
March 18, 2023 | The Respondent files a first round of closing submissions. |
April 14, 2023 | The Claimant files a second round of closing submissions. |
April 15, 2023 | The Respondent files a second round of closing submissions. |
May 19, 2023 | Each party files a submission on costs. |
July 8, 2024 | The Tribunal declares the proceeding closed in accordance with Article 44(1) of the Arbitration (Additional Facility) Rules. |
October 16, 2024 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Antolín Fernández Antuña. |