Case Details

EnviroGold (Las Lagunas) Limited v. Dominican Republic (ICSID Case No. ARB(AF)/20/1)

Subject of Dispute:

Tailings dam
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Contract
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

EnviroGold (Las Lagunas) Limited (Australian)
Respondent(s):

Dominican Republic (Dominican)
Date Registered:

April 2, 2020
Date of Constitution of Tribunal:

August 5, 2020

Composition of Tribunal

President:

David ARIAS (Spanish) - Appointed by Co-Arbitrators
Arbitrators:

Henry BURNETT (U.S.) - Appointed by the Claimant(s)
Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Lalive, London, U.K.
Respondent(s):

Consultoría Jurídica del Poder Ejecutivo, Santo Domingo, República Dominicana
Latham & Watkins, Paris, France
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 24, 2024 - The Tribunal renders its award.

No References Available.

(a) Original Proceeding

Date	Development
April 2, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
April 24, 2020	Following appointment by the Claimant, Henry Burnett (U.S.) accepts his appointment as arbitrator.
July 6, 2020	Following appointment by the Respondent, Guido Santiago Tawil (Argentine/Portuguese) accepts his appointment as arbitrator.
August 5, 2020	Following appointment by his co-arbitrators, David Arias (Spanish) accepts his appointment as presiding arbitrator.
August 5, 2020	The Tribunal is constituted in accordance with Article 13 of the Arbitration (Additional Facility) Rules. Its members are: David Arias (Spain), President, appointed by his co-arbitrators; Henry Burnett (U.S.), appointed by the Claimant; and Guido Santiago Tawil (Argentine/Portuguese), appointed by the Respondent.
September 17, 2020	The Tribunal holds a first session by video conference.
October 7, 2020	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 15, 2021	The Claimant files a memorial on the merits.
February 15, 2021	The Respondent files a request for the Tribunal to decide on production of documents.
February 26, 2021	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
March 3, 2021	The Tribunal issues Procedural Order No. 2 concerning production of documents.
April 15, 2021	The Respondent files a memorial on jurisdiction.
July 14, 2021	The Claimant files a counter-memorial on jurisdiction.
August 25, 2021	The Respondent files a request for the Tribunal to decide on production of documents.
September 1, 2021	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
September 2, 2021	The Tribunal issues Procedural Order No. 3 concerning production of documents.
September 21, 2021	The Respondent files a reply on jurisdiction.
November 22, 2021	The Claimant files a rejoinder on jurisdiction.
December 2, 2021	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
December 9, 2021	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
December 21, 2021	The Tribunal holds a hearing on jurisdiction by videoconference.
February 3, 2022	Each party files a statement of costs.
March 1, 2022	The Tribunal issues a decision on objections to jurisdiction; attached to the decision is the dissenting opinion by arbitrator Prof. Dr. Guido Santiago Tawil.
July 15, 2022	The Respondent files a counter-memorial on the merits.
September 2, 2022	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
September 14, 2022	The Tribunal issues Procedural Order No. 5 concerning production of documents.
November 4, 2022	The Respondent files a request for the Tribunal to decide on production of documents.
November 11, 2022	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
November 25, 2022	The Tribunal issues Procedural Order No. 6 concerning production of documents.
December 15, 2022	The Claimant files a reply on the merits.
March 10, 2023	The Respondent files a rejoinder on the merits.
April 11, 2023	The Tribunal holds a pre-hearing organizational meeting with the parties by video conference.
April 20, 2023	The Tribunal issues Procedural Order No. 7 concerning the organization of the hearing.
May 31, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 1, 2023	The Tribunal decides on the Claimant’s request of May 31, 2023.
June 1, 2023	The Respondent files observations on the Claimant’s request of May 31, 2023.
June 2, 2023	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
June 2, 2023	The Respondent files observations on the Claimant’s request of June 2, 2023.
June 3, 2023	The Tribunal decides on the Claimant’s request of June 2, 2023.
June 7, 2023	The Claimant files two requests for the Tribunal to decide on the admissibility of new evidence.
June 7, 2023	The Respondent submits oral observations during the hearing on the Claimant’s requests of June 7, 2023.
June 7, 2023	The Tribunal decides on the Claimant’s requests of June 7, 2023.
June 8, 2023	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 8, 2023	The Claimant submits oral observations during the hearing on the Respondent’s request of June 8, 2023.
June 8, 2023	The Tribunal decides on the Respondent’s request of June 8, 2023.
June 5, 2023 - June 8, 2023	The Tribunal holds a hearing on the merits in person in Washington, D.C. and by video conference.
August 2, 2023	Each party files a statement of costs.
August 9, 2023	Each party files observations on the other party’s statement of costs.
January 25, 2024	The Tribunal declares the proceeding closed in accordance with Article 44(1) of the Arbitration (Additional Facility) Rules.
April 24, 2024	The Tribunal renders its award.