Case Details

Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/01/12)

Proceeding Materials Procedural Details

  • Water and sewer services concession agreement
  • Water, Sanitation & Flood Protection
  • BIT United States of America - Argentina 1991
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Azurix Corp. (U.S.)
    • Argentine Republic (Argentine)
    • October 23, 2001
    • April 8, 2002

      Composition of Tribunal

    • Andrés RIGO SUREDA (Spanish) - Appointed by the Chairman of the Administrative Council
    • Marc LALONDE (Canadian) - Appointed by the Claimant(s)
      Daniel H. MARTINS (Uruguayan) - Appointed by the Respondent(s)

      Initial Composition of Tribunal

    • Andrés RIGO SUREDA (Spanish)
    • Elihu LAUTERPACHT (British)
      Daniel H. MARTINS (Uruguayan)
    • August 10, 2004: Marc LALONDE (Canadian) appointed following the resignation of Elihu LAUTERPACHT (British)

      Party Representatives

    • King & Spalding, Houston, TX, U.S.A.
      M. & M. Bomchil Abogados, Buenos Aires, Argentina
    • Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • July 14, 2006 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • December 11, 2006 (Respondent(s))
    • June 14, 2007

      Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

    • Gavan GRIFFITH (Australian)
    • Bola A. AJIBOLA (Nigerian)
      Michael HWANG (Singaporean)

      Party Representatives

    • King & Spalding, Houston, TX, U.S.A.
      M. & M. Bomchil Abogados, Buenos Aires, Argentina
    • Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • September 1, 2009 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Introductory Note

Decision on Jurisdiction of December 8, 2003, 43 ILM 262 (2004); French translation of English original in 131 Journal du droit international 275 (2004) (excerpts).

Award

Available on the ICSID Website

Decision on Jurisdiction (December 8, 2003) English (Original); Spanish (Original)

Award (July 14, 2006) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Continued Stay of Enforcement of the Award

Decision on the Application for Annulment

Available on the ICSID Website

Decision on the Continued Stay of Enforcement of the Award (December 28, 2007) English (Original); Spanish (Original)

Decision on the Application for Annulment (September 1, 2009) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
October 23, 2001 The Secretary-General registers a request for the institution of arbitration proceedings.
April 8, 2002 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Andrés Rigo Sureda (Spanish), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Elihu Lauterpacht (British), appointed by the Claimant; and Daniel H. Martins (Uruguayan), appointed by the Respondent.
May 16, 2002 The Tribunal holds a first session with the parties in Washington, D.C.
October 15, 2002 The Claimant files a memorial on the merits.
March 7, 2003 The Respondent files preliminary objections to jurisdiction.
March 12, 2003 The Tribunal decides on the procedural calendar. The proceeding on the merits is suspended in accordance with ICSID Arbitration Rule 41(3).
May 13, 2003 The Claimant files a counter-memorial on jurisdiction.
July 15, 2003 The Claimant files a request for provisional measures.
July 24, 2003 The Respondent files observations on the Claimant's request for provisional measures.
August 4, 2003 The Respondent files a reply on jurisdiction.
August 6, 2003 The Tribunal issues a decision on provisional measures.
August 29, 2003 The Claimant files a rejoinder on jurisdiction.
September 9, 2003 - September 10, 2003 The Tribunal holds a hearing on jurisdiction in London.
December 8, 2003 The Tribunal issues a decision on jurisdiction.
December 9, 2003 The Tribunal issues Procedural Order No. 1 concerning the procedural calendar.
February 9, 2004 The Respondent files a counter-memorial on the merits.

The Respondent files a request for the Tribunal to decide on production of documents.
March 15, 2004 The Claimant files a request for the Tribunal to decide on production of documents.

The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.
March 29, 2004 The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents.

The Respondent files a response to the Claimant's observations of March 15, 2004.
April 19, 2004 The Tribunal issues Procedural Order No. 2 concerning production of documents.
May 7, 2004 The Claimant files a reply on the merits.
May 24, 2004 The Tribunal issues Procedural Order No. 3 concerning production of documents.
July 29, 2004 The Tribunal issues Procedural Order No. 4 concerning production of documents.
August 3, 2004 The Tribunal consents to the resignation of arbitrator Elihu Lauterpacht pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.

Following the resignation of Elihu Lauterpacht, the Secretary-General notifies the parties of the vacancy of the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
August 10, 2004 Following the resignation of Elihu Lauterpacht, Marc Lalonde (Canadian) accepts his appointment as arbitrator, appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1).

The Tribunal is reconstituted. Andrés Rigo Sureda (Spanish), President, appointed by the Chairman of the Administrative Council; Marc Lalonde (Canadian), appointed by the Claimant in accordance with ICSID Arbitration Rule 11(1); and Daniel H. Martins (Uruguayan), appointed by the Respondent., The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
August 16, 2004 The Tribunal issues Procedural Order No. 5 concerning production of documents.
August 17, 2004 The Respondent files a rejoinder on the merits.
September 9, 2004 The Tribunal issues Procedural Order No. 6 concerning production of documents.
October 4, 2004 - October 13, 2004 The Tribunal holds a hearing on the merits in Paris.
November 29, 2004 Each party files a post-hearing brief.
December 8, 2004 The Respondent files a proposal for disqualification of arbitrator Andrés Rigo Sureda. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
December 10, 2004 The arbitrator furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
December 17, 2004 The Claimant files observations on the proposal for disqualification.
December 30, 2004 The Respondent files observations on the proposal for disqualification.
March 14, 2005 The proposal for disqualification of arbitrator Andrés Rigo Sureda is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
April 17, 2006 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 13, 2006 The Tribunal extends the period to draw up and sign its award in accordance with ICSID Arbitration Rule 46.
July 14, 2006 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
December 11, 2006 The Secretary-General registers an application for annulment of the award filed by the Argentine Republic, and notifies the parties of the provisional stay of enforcement of the award.
June 14, 2007 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Gavan Griffith (Australian), President; Bola Ajibola (Nigerian); and Michael Hwang (Singaporean); all members appointed by the Chairman of the Administrative Council.
September 12, 2007 The parties file observations on the Argentine Republic’s request to continue the stay of enforcement of the award.
September 20, 2007 - September 21, 2007 The ad hoc Committee holds a first session and a hearing on the stay of enforcement in Washington, D.C.
December 28, 2007 The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
January 8, 2008 The Argentine Republic files a memorial on annulment.
May 7, 2008 Azurix Corp. files a counter-memorial on annulment.
June 18, 2008 The Argentine Republic files a reply on annulment.
July 28, 2008 Azurix Corp. files a rejoinder on annulment.
September 3, 2008 The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
September 10, 2008 The ad hoc Committee issues Procedural Order No. 1 concerning the organization of the hearing on annulment.
September 29, 2008 - September 30, 2008 The ad hoc Committee holds a hearing on annulment in Paris.
September 30, 2008 The ad hoc Committee poses questions to the parties.
October 10, 2008 Each party files answers to the questions posed by the ad hoc Committee on September 30, 2008.
October 17, 2008 Each party files observations on the other party’s answers to the questions posed by the ad hoc Committee.
November 28, 2008 Azurix Corp. files a submission on costs.
December 1, 2008 The Argentine Republic files a submission on costs.
August 24, 2009 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
September 1, 2009 The ad hoc Committee issues its decision on annulment.