Case Details

CMS Gas Transmission Company v. Argentine Republic (ICSID Case No. ARB/01/8)

Proceeding Materials Procedural Details

  • Gas transmission enterprise
  • Oil, Gas & Mining
  • BIT United States of America - Argentina 1991
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • CMS Gas Transmission Company (U.S.)
    • Argentine Republic (Argentine)
    • August 24, 2001
    • January 11, 2002

      Composition of Tribunal

    • Francisco ORREGO VICUÑA (Chilean) - Appointed by the Chairman of the Administrative Council
    • Marc LALONDE (Canadian) - Appointed by the Claimant(s)
      Francisco REZEK (Brazilian) - Appointed by the Respondent(s)

      Party Representatives

    • Freshfields Bruckhaus Deringer, New York, NY, U.S.A.
      Freshfields Bruckhaus Deringer, Paris, France
      M&M Bomchil Abogados, Buenos Aires, Argentina
    • Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • May 12, 2005 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • September 27, 2005 (Respondent(s))
    • April 18, 2006

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

    • Gilbert GUILLAUME (French)
    • Nabil ELARABY (Egyptian)
      James R. CRAWFORD (Australian)

      Party Representatives

    • Freshfields Bruckhaus Deringer, New York, NY, U.S.A.
      Freshfields Bruckhaus Deringer, Paris, France
      M&M Bomchil Abogados, Buenos Aires, Argentina
    • Philippe Sands, Alison MacDonald, Matrix Chambers, London, U.K.
      Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • September 25, 2007 - The ad hoc Committee issues a decision on the application for annulment.

(a) Original Proceeding

Published Decisions

Introductory Note

Decision on Objections to Jurisdiction of July 17, 2003,42 ILM 788 (2003); 7 ICSID Rep. 492 (200); French translation of English original in 131 Journal du droit international 236 (2004) (excerpts).

Award of May 12, 2005; 44 ILM 1205 (2005).

Available on the ICSID Website

Decision of the Tribunal on Objections to Jurisdiction (July 17, 2003) English (Original); Spanish (Original)

Award of the Tribunal (May 12, 2005) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Introductory Note

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

Decision of the ad hoc Committee on the Application for Annulment of the Argentine Republic

Available on the ICSID Website

Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (September 1, 2006) English (Original); Spanish (Original)

Decision of the ad hoc Committee on the Application for Annulment of the Argentine Republic (September 25, 2007) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
August 24, 2001 The Secretary-General registers a request for the institution of arbitration proceedings.
January 11, 2002 The Tribunal is constituted. Its members are: Francisco OrregoVicufia (Chilean), President; Marc Lalonde (Canadian) ~ and Francisco Rezek (Brazilian).
February 4, 2002 The Tribunal holds its first session with the parties in Washington, D. C.
July 5, 2002 The Claimant files its memorial on the merits.
October 7, 2002 The Respondent files its memorial on jurisdiction.
December 16, 2002 The Claimant files its counter-memorialon jurisdiction.
February 11, 2003 The Respondent files its reply on jurisdiction.
March 25, 2003 The Claimant files its rejoinder on jurisdiction.
April 7, 2003 - August 4, 2003 The Tribunal holds a hearing on jurisdiction in Washington, D.C.
July 17, 2003 The Tribunal issues its decision on objections to jurisdiction.
December 22, 2003 The Respondent files its counter-memorial on the merits.
March 22, 2004 The Claimant files its reply on the merits.
June 28, 2004 The Respondent files its rejoinder on the merits.
August 9, 2004 - August 20, 2004 The Tribunal holds a hearing on the merits in Paris.
September 20, 2004 The parties file their post-hearing briefs.
April 8, 2005 The Tribunal declares the proceeding closed.
May 12, 2005 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
September 27, 2005 The Secretary-General registers an application for the institution of annulment proceedings.
April 18, 2006 The ad hoc Committee is constituted. Its members are: Gilbert Guillaume (French), President; James R. Crawford (Australian); and Nabil Elaraby (Egyptian).
June 5, 2006 The ad hoc Committee holds its first session in Paris.
September 1, 2006 The ad hoc Committee issues a decision on the Respondent's request for a continued stay of enforcement of the award.
September 13, 2006 The Respondent files a memorial.
December 21, 2006 The Claimant files a counter-memorial.
January 22, 2007 The Respondent files a reply.
February 22, 2007 The Claimant files a rejoinder.
March 27, 2007 - March 28, 2007 The ad hoc Committee holds a hearing in Paris.
September 21, 2007 The ad hoc Committee declares the proceeding closed.
September 25, 2007 The ad hoc Committee issues a decision on the application for annulment.