Case Details

José Alejandro Hernández Contreras v. Republic of Costa Rica (ICSID Case No. ARB(AF)/20/2)

Subject of Dispute:

Telecommunications contract
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Costa Rica - Venezuela, Republica Bolivariana de 1997
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

José Alejandro Hernández Contreras (Venezuelan)
Respondent(s):

Republic of Costa Rica (Costa Rican)
Date Registered:

August 18, 2020
Date of Constitution of Tribunal:

July 27, 2021

Composition of Tribunal

President:

Felipe BULNES SERRANO (Chilean) - Appointed by the Parties
Arbitrators:

Carlos F. CONCEPCIÓN (U.S.) - Appointed by the Claimant(s)
Hugo PEREZCANO DIAZ (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

WDA Legal, S.C., Miami, FL, U.S.A.
GCI Consultant, LLC, Miami, FL, U.S.A.
Akerman, Miami, FL and New York, NY, U.S.A.
Respondent(s):

Ministerio de Comercio Exterior (COMEX), San José, Costa Rica
Arnold & Porter, Washington, D.C., U.S.A and London, U.K.
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 2, 2022 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to Article 50 of the ICSID Arbitration (Additional Facility) Rules.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Available on the ICSID Website

Procedural Order No. 1 (September 28, 2021) Spanish (Original)

(a) Original Proceeding

Date	Development
August 18, 2020	The Secretary-General registers a request for the institution of arbitration proceedings.
October 19, 2020	Following appointment by the Claimant, Carlos F. Concepción (U.S.) accepts his appointment as arbitrator.
October 19, 2020	Following appointment by the Respondent, Hugo Perezcano (Mexican) accepts his appointment as arbitrator.
July 27, 2021	Following appointment by agreement of the parties, Felipe Bulnes (Chilean) accepts his appointment as presiding arbitrator.
July 27, 2021	The Tribunal is constituted in accordance with Article 13 of the Arbitration (Additional Facility) Rules. Its members are: Felipe Bulnes (Chiliean), President, appointed by agreement of the parties; Carlos F. Concepción (U.S.) appointed by Claimant; and Hugo Perezcano (Mexican), appointed by Respondent.
September 15, 2021	The Tribunal holds a first session by video conference.
September 28, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
January 4, 2022	The Claimant files a request for the discontinuance of the proceeding pursuant to Article 50 of the Arbitration (Additional Facility) Rules.
January 6, 2022	The Tribunal invites the Respondent to state whether it opposes the Claimant’s request for the discontinuance of the proceeding pursuant to Article 50 of the Arbitration (Additional Facility) Rules.
January 13, 2022	The Respondent informs the Centre that it does not object to the Claimant’s request for the discontinuance of the proceeding.
March 2, 2022	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to Article 50 of the ICSID Arbitration (Additional Facility) Rules.