Case Details

José Alejandro Hernández Contreras v. Republic of Costa Rica (ICSID Case No. ARB(AF)/22/5)

Subject of Dispute:

Telecommunications
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 26, 2022
Date of Constitution of Tribunal:

June 22, 2023

Composition of Tribunal

President:

Claus VON WOBESER (German, Mexican) - Appointed by the Parties
Arbitrators:

Alexander A. YANOS (Greek, U.S.) - Appointed by the Claimant(s)
Luis GONZÁLEZ GARCÍA (Mexican) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

ReedSmith, Miami, FL, U.S.A.
Respondent(s):

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

Spanish
Status of Proceeding:

Pending
Latest Development:

November 19, 2024 - The Respondent files further observations on the Claimant’s response of November 14, 2024.

(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Updated Procedural Calendar

Procedural Order No. 2

Available on the ICSID Website

Procedural Order No. 1 (September 6, 2023) Spanish (Original)

Updated Procedural Calendar (January 22, 2024) Spanish (Original)

Procedural Order No. 2 (May 2, 2024) Spanish (Original)

(a) Original Proceeding

Date	Development
August 26, 2022	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
October 21, 2022	Following appointment by the Claimant, Alexander A. Yanos (U.S., Greek) accepts his appointment as arbitrator.
November 3, 2022	Following appointment by the Respondent, Luis González García (Mexican) accepts his appointment as arbitrator.
June 13, 2023	Following appointment by agreement of the parties, Claus von Wobeser (Mexican/German) accepts his appointment as presiding arbitrator.
June 22, 2023	The Tribunal is constituted in accordance with ICSID Additional Facility Rule 29. Its members are: Claus von Wobeser (Mexican/German), President, appointed by agreement of the parties; Alexander Yanos (U.S./Greek), appointed by the Claimant; and Luis González García (Mexican), appointed by the Respondent.
August 18, 2023	The Tribunal holds a first session by video conference.
September 6, 2023	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
February 16, 2024	The Claimant files a memorial on jurisdiction and on the merits.
February 26, 2024	The Respondent files a request for security for costs.
March 14, 2024	The Claimant files observations on the Respondent’s request for security for costs.
March 27, 2024	The Respondent files a reply on security for costs.
April 2, 2024	The Claimant files a rejoinder on security for costs.
May 2, 2024	The Tribunal issues Procedural Order No. 2 concerning security for costs.
June 10, 2024	The Tribunal suspends the proceeding pursuant to its decision on security for costs.
September 6, 2024	The Claimant files a request to modify the Tribunal’s Procedural Order No. 2 of May 2, 2024.
September 12, 2024	The Respondent files observations on the Claimant’s request of September 6, 2024.
September 20, 2024	The Claimant files a response to Respondent’s observations of September 12, 2024.
September 26, 2024	The Respondent files further observations on the Claimant’s request of September 6, 2024.
October 17, 2024	The Tribunal issues Procedural order No. 3 concerning the Claimant’s request of September 6, 2024.
November 1, 2024	The Claimant files a request following Procedural Order no. 3.
November 8, 2024	The Respondent files observations on Claimant’s request of November 1, 2024.
November 14, 2024	The Claimant files a response to the Respondent’s observations of November 8, 2024.
November 19, 2024	The Respondent files further observations on the Claimant’s response of November 14, 2024.