Case Details

Sempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16)

Proceeding Materials Procedural Details

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

    (a) Original Proceeding

    • Sempra Energy International (U.S.)
    • Argentine Republic (Argentine)
    • December 6, 2002
    • May 5, 2003

      Composition of Tribunal

    • Francisco ORREGO VICUÑA (Chilean) - Appointed by the Secretary-General
    • Marc LALONDE (Canadian) - Appointed by the Claimant(s)
      Sandra MORELLI RICO (Colombian) - Appointed by the Respondent(s)

      Party Representatives

    • King & Spalding, Houston, TX, USA
    • Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • September 28, 2007 - The Tribunal renders its award, to which a dissenting opinion is attached.

    (b) Annulment Proceeding

    • Respondent(s)
    • January 30, 2008 (Respondent(s))
    • September 15, 2008

      Party Representatives

    • King & Spalding, Houston, TX, USA
    • Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • June 29, 2010 - The ad hoc Committee issues its decision on annulment.

    (c) Resubmission Proceeding

    • Claimant(s)
    • November 12, 2010 (Claimant(s))
    • April 21, 2011

      Composition of Tribunal

    • Vaughan LOWE (British) - Appointed by the Parties
    • 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
    • April 3, 2015 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

(a) Original Proceeding

Published Decisions

Decision on Objections to Jurisdiction

Award of the Tribunal

Partial Dissenting Opinion (Attached to the Award)

Available on the ICSID Website

Decision on Objections to Jurisdiction (May 11, 2005) English (Original); Spanish (Original)

Award of the Tribunal (September 28, 2007) English (Original); Spanish (Original)

Partial Dissenting Opinion (Attached to the Award) (September 28, 2007) 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

Decision on Sempra Energy International’s Request for the Termination of the Stay of Enforcement of the Award

Decision on Annulment

Available on the ICSID Website

Decision on the Argentine Republic’s Request for a Continued Stay of Enforcement of the Award (March 5, 2009) English (Original); Spanish (Original)

Decision on Sempra Energy International’s Request for the Termination of the Stay of Enforcement of the Award (August 7, 2009) English (Original); Spanish (Original)

Decision on Annulment (June 29, 2010) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
March 24, 2002 Following appointment by the Claimants, Marc Lalonde (Canadian) accepts his appointment as arbitrator.
December 6, 2002 The Secretary-General registers a request for the institution of arbitration proceedings.
April 11, 2003 Following appointment by the Respondent, Sandra Morelli Rico (Colombian) accepts her appointment as arbitrator.
April 30, 2003 Following appointment by the Acting Secretary-General, Francisco Orrego Vicuña (Chilean) accepts his appointment as presiding arbitrator.
May 5, 2003 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 Acting Secretary-General pursuant to the parties’ agreement; Marc Lalonde (Canadian) appointed by the Claimant; and Sandra Morelli Rico (Colombian), appointed by the Respondent.
July 3, 2003 The Tribunal holds its first session in Washington, D.C.
September 3, 2003 The Claimant files its memorial on the merits.
December 31, 2003 The Respondent files its memorial on jurisdiction.
March 4, 2004 The Claimant files its counter-memorial on jurisdiction.
April 19, 2004 The Respondent files its reply on jurisdiction.
June 1, 2004 The Claimant files its rejoinder on jurisdiction.
November 29, 2004 - November 30, 2004 The Tribunal holds a hearing on jurisdiction in Paris.
May 11, 2005 The Tribunal issues its decision on jurisdiction.
August 1, 2005 The Respondent files a counter-memorial on the merits.
September 28, 2005 The Claimants file a reply on the merits.
December 5, 2005 The Respondent files a rejoinder on the merits.
February 6, 2006 - February 14, 2006 The Tribunal holds a hearing on the merits in Santiago de Chile.
April 3, 2006 The parties file post-hearing briefs.
March 19, 2007 The Respondent files a proposal for the disqualification of the three members of the Tribunal.
March 22, 2007 The proceeding on the merits is suspended in accordance with ICSID Arbitration Rule 9(6).
June 5, 2007 The proposal for the disqualification of the three members of the Tribunal is declined and the proceeding is resumed.
July 19, 2007 The Tribunal declares the proceeding closed.
September 17, 2007 The Tribunal extends the period to draw up and sign its award.
September 28, 2007 The Tribunal renders its award, to which a dissenting opinion is attached.

(b) Annulment Proceeding

Date Development
January 30, 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.
September 15, 2008 The ad hoc Committee is constituted. Its members are: Christer Söderlund (Swedish), President; David A.O. Edward (British); and Andreas J. Jacovides (Cypriot).
September 16, 2008 Sempra Energy International files a request for the termination of the provisional stay of enforcement of the award.
October 21, 2008 The ad hoc Committee holds a first session by telephone conference.
November 7, 2008 The Argentine Republic files observations on the request for termination of the provisional stay of enforcement of the award.
November 21, 2008 Sempra Energy International files a response to the Argentine Republic's observations of November 7, 2008.
December 8, 2008 The ad hoc Committee holds a hearing on the stay of enforcement of the award in Washington, D.C.
January 30, 2009 The Argentine Republic files a request for the admissibility of further evidence.
February 6, 2009 Sempra Energy International files observations on the Argentine Republic's request of January 30, 2009.
March 3, 2009 The Argentine Republic files a memorial on annulment.
March 5, 2009 The ad hoc Committee issues a decision on the Argentine Republic’s request for a continued stay of enforcement of the award of January 8, 2008.
March 31, 2009 The ad hoc Committee issues a procedural order concerning the admissibility of evidence.
May 4, 2009 Sempra Energy International files a counter-memorial on annulment.
May 13, 2009 Sempra Energy International files a request for the termination of the stay of enforcement of the award.
June 1, 2009 The Argentine Republic files observations on Sempra Energy International’s request for the termination of the stay of enforcement of the award.
June 10, 2009 Sempra Energy International files a response to the Argentine Republic’s observations of June 1, 2009.
June 29, 2009 The Argentine Republic files a reply on annulment.
July 16, 2009 Sempra Energy International files a further request for termination of the stay of enforcement of the award.
July 17, 2009 The Argentine Republic files observations on the request for termination of the stay of enforcement of the award.
August 7, 2009 The ad hoc Committee issues a Decision on Sempra Energy International’s Request for the Termination of the Stay of Enforcement of the Award.
August 13, 2009 Sempra Energy International files a rejoinder on annulment.
September 1, 2009 - September 3, 2009 The ad hoc Committee holds a hearing on annulment in Washington, D.C.
May 7, 2010 The ad hoc Committee declares the annulment proceeding closed.
June 29, 2010

The ad hoc Committee issues its decision on annulment.

(c) Resubmission Proceeding

Date Development
November 12, 2010 The Secretary-General registers a request for resubmission of the dispute to a new tribunal.
April 21, 2011 The Tribunal is constituted. Its members are: Vaughan Lowe (British), President; Kamal Hossain (Bangladeshi); and David A.R. Williams (New Zealand).
June 24, 2011 The Tribunal holds a first session in London.
August 23, 2011 The Claimant files a memorial on the merits.
November 10, 2011 The Respondent files a request for the Tribunal to decide on production of documents.
November 18, 2011 The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
November 23, 2011 The Respondent supplements its request of November 10, 2011, and files a response to the Claimant's observations of November 18, 2011.
November 30, 2011 The Respondent files a counter-memorial on the merits.
December 9, 2011 The Claimant files observations on the Respondent's response of November 23, 2011.
December 15, 2011 The Claimant files a request for exclusion of evidence.
December 21, 2011 The Tribunal decides on production of documents.
December 23, 2011 The Claimant files a request for the Tribunal to decide on production of documents.
December 28, 2011 The Respondent files (i) observations on the Claimant's requests of December 15 and 21, 2012; (ii) a request concerning the procedural calendar and (iii) a request concerning costs.
January 3, 2012 The Claimant files a response to the Claimant's observations and requests of December 28, 2011.
January 5, 2012 The Tribunal decides on (i) the Claimant's requests for exclusion of evidence and production of documents, (ii) the Respondent's request concerning costs, and (iii) the procedural calendar.
January 17, 2012 The Claimant files a reply on the merits.
January 26, 2012 The Respondent renews its request of November 10, 2011.
February 1, 2012 The Respondent files a request for the Tribunal to decide on confidentiality of documents
February 1, 2012 The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.
February 2, 2012 The Respondent supplements its request for the Tribunal to decide on production of documents.
February 6, 2012 The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents as supplemented on February 2, 2012.
February 8, 2012 The Claimant files observations on the Respondent's request for the Tribunal to decide on confidentiality of documents.
February 15, 2012 The Tribunal decides on (i) production of documents, (ii) confidentiality of documents, and (iii) the procedural calendar.
February 16, 2012 The Respondent renews its request of February 1, 2012 for the Tribunal to decide on confidentiality of documents.
February 22, 2012 The Tribunal issues Procedural Order No. 1 concerning confidentiality of documents.
March 2, 2012 The Respondent files a rejoinder on the merits.
March 5, 2012 The Claimant files a request for exclusion of evidence.
March 9, 2012 The Respondent files observations on the Claimant's request of March 5, 2012.
March 17, 2012 The Tribunal issues Procedural Order No. 2 concerning admissibility of evidence.
March 20, 2012 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
April 10, 2012 The Respondent files a request for exclusion of evidence.
April 11, 2012 The Claimant files observations on the Respondent's request of April 10, 2012.
April 15, 2012 - April 20, 2012 The Tribunal holds a hearing on jurisdiction and the merits in Paris.
May 3, 2012 The Respondent renews its request of April 10, 2012.
May 29, 2012 The Tribunal poses questions to the parties.
May 31, 2012 The Tribunal decides on the Respondent's request for exclusion of evidence.
July 3, 2012 Each party files a post-hearing brief.
July 24, 2012 The Claimant files a statement of costs.
July 25, 2012 The Respondent files a statement of costs.
May 21, 2013 The Tribunal issues Procedural Order No. 3 concerning additional expert evidence.
June 6, 2013 The Respondent files a request for reconsideration of the Tribunal's Procedural Order of May 21, 2013.
June 17, 2013 The Claimant files observations on the Respondent's request of June 6, 2013.
June 21, 2013 The Tribunal issues Procedural Order No. 4 concerning the Respondent's request of June 6, 2013.
July 1, 2013 The proceeding is suspended until October 1, 2013, pursuant to the parties' agreement.
October 9, 2013 The suspension of the proceeding is extended until January 1, 2014, pursuant to the parties' agreement.
January 1, 2014 The suspension of the proceeding is further extended until April 1, 2014, pursuant to the parties' agreement.
April 1, 2014 The suspension of the proceeding is further extended until June 30, 2014, pursuant to the parties' agreement.
July 1, 2014 The suspension of the proceeding is further extended until September 30, 2014, pursuant to the parties’ agreement.
October 1, 2014 The suspension of the proceeding is further extended until December 31, 2014, pursuant to the parties’ agreement.
January 1, 2015 The suspension of the proceeding is further extended until March 31, 2015, pursuant to the parties’ agreement.
April 3, 2015 The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.