Case Details

LG&E Energy Corp., LG&E Capital Corp. and LG&E International Inc. v. Argentine Republic (ICSID Case No. ARB/02/1)

Proceeding Materials Procedural Details

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

    (a) Original Proceeding

    • LG&E Energy Corp. (U.S.), LG&E International Inc. (U.S.), LG&E Capital Corp. (U.S.)
    • Argentine Republic (Argentine)
    • January 31, 2002
    • November 13, 2002

      Composition of Tribunal

    • Tatiana BOGDANOWSKY DE MAEKELT (Venezuelan) - Appointed by the Secretary-General
    • Francisco REZEK (Brazilian) - Appointed by the Respondent(s)
      Albert Jan VAN DEN BERG (Dutch) - Appointed by the Claimant(s)

      Party Representatives

    • Covington & Burling, Washington, D.C., U.S.A.
      Deputy General Counsel, E. ON U.S., Louisville, KY, U.S.A.
      Rosso Alba, Francia & Ruiz Moreno, Buenos Aires, Argentina
    • Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • July 25, 2007 - The Tribunal renders its award.

    (b) Supplementary Decision Proceeding

    • Claimant(s)
    • September 24, 2007 (Claimant(s))

      Party Representatives

    • Covington & Burling, Washington, D.C., U.S.A.
      Rosso Alba, Francia & Ruiz Moreno, Buenos Aires, Argentina
    • Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • July 8, 2008 - The Tribunal issues a decision on the request for a supplementary decision.

    (c) Annulment Proceeding

    • Both Parties
    • September 19, 2008 (Claimant(s)), December 24, 2008 (Respondent(s))

      Party Representatives

    • Covington & Burling, Washington, D.C., U.S.A.
      Deputy General Counsel, Louisville, KY, U.S.A.
      Rosso Alba, Francia & Ruiz Moreno, Buenos Aires, Argentina
    • Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • February 20, 2015 - The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 on February 20, 2015.

(a) Original Proceeding

Published Decisions

Introductory Note

Decision of the Arbitral Tribunal on Objections to Jurisdiction of April 30, 2004, [English original] 21 ICSID Rev.—FILJ 155 (2006); [Spanish original] 21 ICSID Rev.—FILJ 178 (2006).

Decision on Liability of October 03, 2006, 21 ICSID Rev.—FILJ 203 (2006); [Spanish original] 21 ICSID Rev.—FILJ 269 (2006).

Award

Available on the ICSID Website

Introductory Note (April 30, 2004)

Decision of the Arbitral Tribunal on Objections to Jurisdiction (April 30, 2004) English (Original); Spanish (Original)

Decision on Liability (October 3, 2006) English (Original); Spanish (Original)

Award (July 25, 2007) English (Original); Spanish (Original)

(b) Supplementary Decision Proceeding

Published Decisions

Decision on Claimant’s Request for Supplementary Decision - English (Original) (July 8, 2008)

(c) Annulment Proceeding

Published Decisions

Procedural Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Procedural Order Taking Note of the Discontinuance of the Proceeding (February 20, 2015) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
January 31, 2002 The Secretary-General registers a request for the institution of arbitration proceedings.
November 13, 2002 The Tribunal is constituted. Its members are: Tatiana Bogdanowsky de Maekelt (Venezuelan), President; Albert Jan van den Berg (Dutch); and Francisco Rezek (Brazilian).
December 19, 2002 The Tribunal holds its first session in Washington, D.C.
March 31, 2003 The Claimants file their memorial on the merits.
July 21, 2003 The Respondent files its memorial on jurisdiction.
August 29, 2003 The Claimants file their counter-memorial on jurisdiction.
September 22, 2003 The Respondent files its reply on jurisdiction.
October 14, 2003 The Claimants file their rejoinder on jurisdiction.
November 20, 2003 - November 21, 2003 The Tribunal holds a hearing on jurisdiction at The Hague.
April 30, 2004 The Tribunal issues its decision on jurisdiction.
June 18, 2004 The Respondent files its counter-memorial on the merits.
August 6, 2004 The Claimants file their reply on the merits.
September 27, 2004 The Respondent files its rejoinder on the merits.
January 13, 2005 - January 18, 2005 The Tribunal issues successive procedural orders concerning procedural matters.
January 23, 2005 - January 29, 2005 The Tribunal holds a hearing on the merits in Washington, D.C.
February 28, 2005 The parties file their post-hearing briefs.
October 3, 2006 The Tribunal issues a decision on liability.
November 3, 2006 The Tribunal issues a procedural order concerning the method for determining damages.
December 1, 2006 The Respondent files observations on the method for determining damages.
December 4, 2006 The Claimants file observations on the method for determining damages.
April 12, 2007 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 25, 2007 The Tribunal renders its award.

(b) Supplementary Decision Proceeding

Date Development
September 24, 2007 The Secretary-General registers a request for a supplementary decision of the award.
October 26, 2007 The Respondent files observations on the Claimants’ request for a supplementary decision.
November 12, 2007 The Claimants file a reply to the Respondent’s observations.
November 26, 2007 The Respondent files a rejoinder on the Claimants’ request for a supplementary decision.
February 29, 2008 Pursuant to ICSID Arbitration Rule 49(3), the Tribunal informs the parties that it will not be necessary to meet with the parties, nor for the parties to file any additional documents in connection with the request for a supplementary decision.
July 8, 2008 The Tribunal issues a decision on the request for a supplementary decision.

(c) Annulment Proceeding

Date Development
September 19, 2008 The Acting Secretary-General registers an application for the partial annulment of the award rendered on July 25, 2007, submitted by LG&E Energy Corp., LG&E Capital Corp. and LG&E International Inc.
December 24, 2008 The Acting Secretary-General registers an application for the partial annulment of the award rendered on July 25, 2007, submitted by the Argentine Republic, and notifies the parties of the provisional stay of enforcement of the award.
The proceeding is suspended, pursuant to the parties' agreement.
March 11, 2009 The proceeding is suspended, pursuant to the parties’ agreement.
June 12, 2009 The suspension of the proceeding is extended, pursuant to the parties’ agreement.
December 23, 2009 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
February 3, 2010 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
May 3, 2010 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
November 23, 2010 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
January 27, 2011 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
May 2, 2011 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
August 1, 2011 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
October 31, 2011 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
January 30, 2012 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
April 30, 2012 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
July 30, 2012 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
November 5, 2012 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
February 1, 2013 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
April 25, 2013 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
July 23, 2013 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
October 24, 2013 The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
January 28, 2014 The suspension of the proceeding is further extended until April 28, 2014, pursuant to the parties’ agreement.
April 24, 2014 The suspension of the proceeding is further extended until July 28, 2014, pursuant to the parties’ agreement.
July 18, 2014 The suspension of the proceeding is further extended until October 27, 2014, pursuant to the parties’ agreement.
October 23, 2014 The suspension of the proceeding is further extended until January 26, 2015, pursuant to the parties’ agreement.
January 26, 2015 The Claimants file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
January 29, 2015 The Secretary-General invites the Respondent to state whether it opposes the Claimants’ request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
February 2, 2015 The Respondent informs the Centre that it does not object to the Claimants’ request for the discontinuance of the proceeding.
February 20, 2015 The Secretary-General issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 on February 20, 2015.