Case Details

Sargeant Petroleum, LLC v. Dominican Republic (ICSID Case No. ARB(AF)/22/1)

Subject of Dispute:

Cement production enterprise
Economic Sector:

Other Industry
Instrument(s) Invoked:

CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
Applicable Rules:

ICSID Additional Facility - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Sargeant Petroleum, LLC (U.S.)
Respondent(s):

Dominican Republic (Dominican)
Date Registered:

May 17, 2022
Date of Constitution of Tribunal:

October 28, 2022

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

David R. HAIGH (Canadian) - Appointed by the Claimant(s)
Alexis MOURRE (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

O’Melveny & Myers, New York, NY, Los Angeles, CA, U.S.A and London, U.K.
Respondent(s):

Linklaters, Washington, D.C., U.S.A. and Madrid, Spain
Ministry of Industry, Commerce and MSME, Santo Domingo, Dominican Republic
Office of the Legal Adviser to the Executive Branch (Consultoría Jurídica del Poder Ejecutivo), Santo Domingo, Dominican Republic
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Pending
Latest Development:

November 9, 2023 - The United States of America files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2.

(a) Original Proceeding

Published Decisions

Request for Arbitration

Procedural Order No. 1

Procedural Order No. 2

Claimant’s Memorial

Procedural Calendar (Revision No. 1)

Respondent’s Counter-Memorial and Memorial on Jurisdiction

Procedural Order No. 3

Procedural Order No. 3 - Annex A

Procedural Order No. 3 - Annex B

Procedural Calendar (Revision No. 2)

U.S. Written Submission under DR- CAFTA, Article 10.20(2)

Available on the ICSID Website

Request for Arbitration (March 23, 2022) English (Original)

Procedural Order No. 1 (December 22, 2022) English (Original)

Procedural Order No. 2 (December 22, 2022) English (Original)

Claimant’s Memorial (April 20, 2023) English (Original); Spanish (Original)

Procedural Calendar (Revision No. 1) (May 15, 2023) English (Original)

Respondent’s Counter-Memorial and Memorial on Jurisdiction (August 13, 2023) English (Original); Spanish (Original)

Procedural Order No. 3 (October 13, 2023) English (Original)

Procedural Order No. 3 - Annex A (October 13, 2023) English (Original)

Procedural Order No. 3 - Annex B (October 13, 2023) Spanish (Original)

Procedural Calendar (Revision No. 2) (November 1, 2023) English (Original)

U.S. Written Submission under DR- CAFTA, Article 10.20(2) (November 9, 2023) English (Original)

(a) Original Proceeding

Date	Development
May 17, 2022	The Secretary-General registers a request for the institution of arbitration proceedings.
May 31, 2022	Following appointment by the Claimant, David Haigh (Canadian) accepts his appointment as arbitrator.
July 19, 2022	Following appointment by the Respondent, Alexis Mourre (French) accepts his appointment as arbitrator.
October 27, 2022	Following appointment by agreement of the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
October 28, 2022	The Tribunal is constituted in accordance with Article 6(3) of the Arbitration (Additional Facility) Rules. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; David R. Haigh (Canadian), appointed by the Claimant; and Alexis Mourre (French), appointed by the Respondent.
December 20, 2022	The Tribunal holds a first session by video conference.
December 22, 2022	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
December 22, 2022	The Tribunal issues Procedural Order No. 2 concerning transparency.
April 20, 2023	The Claimant files a memorial on the merits.
August 13, 2023	The Respondent files counter-memorial on the merits and a memorial on jurisdiction.
September 29, 2023	Following exchanges between the parties, each party files a request for the Tribunal to decide on production of documents.
October 13, 2023	The Tribunal issues Procedural Order No. 3 concerning production of documents.
November 9, 2023	The United States of America files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2.