Case Details

Enron Creditors Recovery Corporation (formerly Enron Corporation) and Ponderosa Assets, L.P. v. Argentine Republic (ICSID Case No. ARB/01/3)

Proceeding Materials Procedural Details

  • Natural gas transportation company
  • Oil, Gas & Mining
  • BIT United States of America - Argentina 1991
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Enron Creditors Recovery Corporation (formerly Enron Corporation) (U.S.), Ponderosa Assets, L.P. (U.S.)
    • Argentine Republic (Argentine)
    • April 11, 2001
    • November 1, 2001

      Composition of Tribunal

    • Francisco ORREGO VICUÑA (Chilean) - Appointed by the Chairman of the Administrative Council
    • Albert Jan VAN DEN BERG (Dutch) - Appointed by the Chairman of the Administrative Council
      Pierre-Yves TSCHANZ (Irish, Swiss) - Appointed by the Claimant(s)

      Initial Composition of Tribunal

    • Francisco ORREGO VICUÑA (Chilean)
    • Héctor GROS ESPIELL (Uruguayan)
      Pierre-Yves TSCHANZ (Irish, Swiss)
    • July 11, 2006: Albert Jan VAN DEN BERG (Dutch) appointed following the resignation of Héctor GROS ESPIELL (Uruguayan)

      Party Representatives

    • King & Spalding, Houston, TX, U.S.A.
      M & M Bomchil, Buenos Aires, Argentina
    • Procuración del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • May 22, 2007 - The Tribunal renders its award.

    (b) Rectification and Supplementary Decision Proceeding

    • Claimant(s)
    • July 16, 2007 (Claimant(s))

      Party Representatives

    • King & Spalding, Houston, TX, U.S.A.
      M & M Bomchil, Buenos Aires, Argentina
    • Procuración del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • October 25, 2007 - The Tribunal issues a decision on the request for rectification and/or supplementary decision of the award.

    (c) Annulment Proceeding

    • Respondent(s)
    • March 7, 2008 (Respondent(s))
    • May 22, 2008

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

    • Gavan GRIFFITH (Australian)
    • Patrick L. ROBINSON (Jamaican)
      Per TRESSELT (Norwegian)

      Party Representatives

    • King & Spalding, Houston, TX, U.S.A.
      M & M Bomchil, Buenos Aires, Argentina
    • Procuración del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • July 30, 2010 - The ad hoc Committee issues its decision on annulment.

    (d) Resubmission Proceeding

    • Claimant(s)
    • October 18, 2010 (Claimant(s))
    • June 29, 2011

      Composition of Tribunal

    • Cecil W.M. ABRAHAM (Malaysian) - Appointed by the Chairman of the Administrative Council
    • Kamal HOSSAIN (Bangladeshi) - Appointed by the Respondent(s)
      David A.R. WILLIAMS (New Zealand) - Appointed by the Claimant(s)

      Party Representatives

    • King & Spalding, Houston, TX, U.S.A.
    • Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • July 19, 2018 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction (Ancillary Claim) of August 2, 2004. An electronic text of the Decision on Jurisdiction of January 14, 2004, is provided by International Law in Brief at http://www.asil.org/ilib/Enron.pdf.

Available on the ICSID Website

Decision on Jurisdiction (Ancillary Claim) (August 2, 2004) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award

Available on the ICSID Website

Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (October 7, 2008) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
April 11, 2001 The Secretary-General registers a request for the institution of arbitration proceedings.
May 29, 2001 Following appointment by the Claimants, Pierre-Yves Tschanz (Swiss/Irish) accepts his appointment as arbitrator.
July 23, 2001 Following appointment by the Respondent, Héctor Gros Espiell (Uruguayan) accepts his appointment as arbitrator.
August 30, 2001 The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
October 26, 2001 Following appointment by the Chairman of the Administrative Council, Francisco Orrego Vicuña (Chilean) accepts his appointment as presiding arbitrator.
November 1, 2001 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Francisco Orrego Vicuña (Chilean), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Pierre-Yves Tschanz (Swiss/Irish), appointed by the Claimants; and Héctor Gros Espiell (Uruguayan), appointed by the Respondent.
December 5, 2001 The Tribunal holds its first session with the parties in Washington, D. C.
August 1, 2002 The Claimants file their memorial on the merits.
January 17, 2003 The Respondent files its memorial on jurisdiction.
March 25, 2003 The Claimants file an additional claim.
March 31, 2003 The Claimants file their counter-memorial on jurisdiction.
May 20, 2003 The Respondent files its reply on jurisdiction.
June 26, 2003 The Claimants file their rejoinder on jurisdiction.
September 3, 2003 - September 4, 2003 The Tribunal holds a hearing on jurisdiction in Paris.
January 14, 2004 The Tribunal issues its decision on jurisdiction.
August 2, 2004 The Tribunal issues its decision on jurisdiction concerning the ancillary claim.
August 18, 2004 The Tribunal issues a procedural order concerning the schedule for the continuation of the proceeding regarding the ancillary claim.
November 17, 2004 The Claimants file their memorial on the merits concerning the ancillary claim.
February 25, 2005 The Tribunal extends the suspension of the proceeding concerning the Claimants' original claim.
March 7, 2005 The Respondent files its counter-memorial on the merits concerning the ancillary claim.
May 6, 2005 The Claimants file their reply on the merits concerning the ancillary claim.
July 6, 2005 The Respondent files a rejoinder on the merits concerning the ancillary claim.
November 10, 2005 The Tribunal issues a procedural order concerning procedural matters.
November 28, 2005 - December 8, 2005 The Tribunal holds a hearing on the merits concerning the ancillary claim in Washington, D.C.
December 8, 2005 Further to the agreement of the parties, the Tribunal issues an order taking note of the discontinuance of the original claim.
February 26, 2006 The parties file post-hearing briefs.
March 16, 2006 The Tribunal appoints, after consultation with the parties, an independent expert.
May 26, 2006 Following the resignation of one of the arbitrators, the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
July 10, 2006 The Chairman of the Administrative Council appoints Albert Jan van den Berg as arbitrator in accordance with ICSID Arbitration Rule 11(2)(a).
July 11, 2006 The Tribunal is reconstituted. Its members are: Francisco Orrego Vicuña (Chilean), President; Albert Jan van den Berg (Dutch); and Pierre-Yves Tschanz (Swiss). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
March 22, 2007 The Tribunal declares the proceeding closed.
May 22, 2007 The Tribunal renders its award.

(b) Rectification and Supplementary Decision Proceeding

Date Development
July 16, 2007 The Secretary-General registers a request for rectification and/or supplementary decision of the award.
July 31, 2007 The Respondent files observations on the Claimants’ request for rectification and/or supplementary decision.
October 25, 2007 The Tribunal issues a decision on the request for rectification and/or supplementary decision of the award.

(c) Annulment Proceeding

Date Development
March 7, 2008 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.
May 22, 2008 The ad hoc Committee is constituted. Its members are: Gavan Griffith (Australian), President; Patrick L. Robinson (Jamaican); and Per Tresselt (Norwegian).
June 18, 2008 Enron Corporation and Ponderosa Assets, L.P. file a request to terminate the provisional stay of enforcement of the award.
July 7, 2008 The Argentine Republic files observations on the continuation of the stay of enforcement of the award.
July 14, 2008 The ad hoc Committee holds a first session in Paris.
October 7, 2008 The ad hoc Committee issues a decision on the Argentine Republic's request for the continuation of the stay of enforcement of the award.
November 11, 2008 The Argentine Republic files a memorial on annulment.
December 17, 2008 Enron Corporation and Ponderosa Assets, L.P. file a further request to lift the provisional stay of enforcement of the award.
December 30, 2008 The Argentine Republic files observations on the further request to lift the provisional stay of enforcement of the award.
February 19, 2009 Enron Corporation and Ponderosa Assets, L.P. file a counter-memorial on annulment.
March 9, 2009 The ad hoc Committee holds a hearing on the provisional stay of enforcement of the award.
March 30, 2009 Enron Corporation and Ponderosa Assets, L.P. file suggestions on the conditions of the stay of enforcement of the award.
Enron Corporation further informs the ad hoc Committee of a change in its corporate name to Enron Creditors Recovery Corporation.
April 7, 2009 The Argentine Republic files observations on the suggestions filed by Enron Creditors Recovery Corporation and Ponderosa Assets, L.P. on March 30, 2009.
April 13, 2009 Enron Creditors Recovery Corporation and Ponderosa Assets, L.P. file a response to the Argentine Republic’s observations of April 7, 2009.
April 17, 2009 The Argentine Republic files a reply on annulment.
April 21, 2009 The Argentine Republic files a reply to Enron Corporation and Ponderosa Assets, L.P.’s response of April 13, 2009.
April 27, 2009 Enron Creditors Recovery Corporation and Ponderosa Assets, L.P. file observations on the Argentine Republic’s reply of April 21, 2009.
May 20, 2009 The ad hoc Committee issues a decision on Enron Creditors Recovery Corporation and Ponderosa Assets, L.P.'s further request to lift the provisional stay of enforcement of the award.
June 16, 2009 Enron Creditors Recovery Corporation and Ponderosa Assets, L.P. file a rejoinder on annulment.
July 29, 2009 - July 31, 2009 The ad hoc Committee holds a hearing on annulment in Washington, D.C.
August 21, 2009 The Argentine Republic files a submission on costs.
August 24, 2009 Enron Creditors Recovery Corporation and Ponderosa Assets, L.P. file a submission on costs.
October 1, 2009 The parties file post-hearing briefs.
June 21, 2010 The ad hoc Committee declares the annulment proceeding closed.
July 30, 2010 The ad hoc Committee issues its decision on annulment.

(d) Resubmission Proceeding

Date Development
October 18, 2010 The Secretary-General registers a request for resubmission of the dispute to a new tribunal.
January 19, 2011 The Claimants file a request for the Chairman of the Administrative Council to appoint the arbitrator not yet appointed pursuant to Article 38 of the ICSID Convention.
January 25, 2011 Following appointment by the Claimants, David A.R. Williams (New Zealand) accepts his appointment as arbitrator.
February 16, 2011 Following appointment by the Respondent, Kamal Hossain (Bangladeshi) accepts his appointment as arbitrator.
June 28, 2011 Following appointment by the Chairman of the Administrative Council, Cecil W. M. Abraham (Malaysian) accepts his appointment as presiding arbitrator.
June 29, 2011 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Cecil W. M. Abraham (Malaysian), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; David A.R. Williams (New Zealand), appointed by the Claimants; and Kamal Hossain (Bangladeshi), appointed by the Respondent.
July 28, 2011 The Tribunal holds a first session by telephone conference.
December 1, 2011 The parties file a request concerning the procedural calendar.
December 2, 2011 The Tribunal confirms the procedural calendar, pursuant to the parties' agreement.
March 8, 2012 The parties file a further request concerning the procedural calendar.
March 10, 2012 The Tribunal confirms the procedural calendar, pursuant to the parties' agreement.
June 5, 2012 The parties file a further request concerning the procedural calendar.
June 6, 2012 The Tribunal confirms the procedural calendar, pursuant to the parties' agreement.
July 31, 2012 The proceeding is suspended until January 18, 2013, pursuant to the parties' agreement.
January 18, 2013 The suspension of the proceeding is extended until July 17, 2013, pursuant to the parties’ agreement.
July 13, 2013 The suspension of the proceeding is further extended until January 12, 2014, pursuant to the parties’ agreement.
January 13, 2014 The suspension of the proceeding is further extended until July 12, 2014, pursuant to the parties' agreement.
July 16, 2014 The suspension of the proceeding is further extended until January 12, 2015, pursuant to the parties’ agreement.
January 12, 2015 The suspension of the proceeding is further extended until July 12, 2015, pursuant to the parties’ agreement.
July 12, 2015 The suspension of the proceeding is further extended until October 12, 2015, pursuant to the parties’ agreement.
October 6, 2015 The suspension of the proceeding is further extended until April 12, 2016, pursuant to the parties’ agreement.
March 30, 2016 The suspension of the proceeding is further extended until July 12, 2016, pursuant to the parties’ agreement.
July 15, 2016 The suspension of the proceeding is further extended until October 15, 2016, pursuant to the parties’ agreement.
October 14, 2016 The suspension of the proceeding is further extended until January 15, 2017, pursuant to the parties’ agreement.
January 15, 2017 The suspension of the proceeding is further extended until April 15, 2017, pursuant to the parties’ agreement.
April 15, 2017 The suspension of the proceeding is further extended until July 15, 2017, pursuant to the parties’ agreement.
July 10, 2017 The suspension of the proceeding is further extended until October 15, 2017, pursuant to the parties’ agreement.
October 4, 2017 The suspension of the proceeding is further extended until January 15, 2018, pursuant to the parties’ agreement.
January 11, 2018

The suspension of the proceeding is further extended until April 15, 2018, pursuant to the parties’ agreement.
April 15, 2018

The suspension of the proceeding is further extended until July 15, 2018, pursuant to the parties’ agreement.
June 26, 2018 - July 5, 2018

The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
July 19, 2018

The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).