Case Details
AES Corporation v. Argentine Republic (ICSID Case No. ARB/02/17)
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Electricity generation and distribution operations
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Electric Power & Other Energy
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BIT United States of America - Argentina 1991
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ICSID Convention - Arbitration Rules
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AES Corporation (U.S.)
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Argentine Republic (Argentine)
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December 19, 2002
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June 3, 2003
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Ricardo RAMÍREZ HERNÁNDEZ (Mexican) - Appointed by the Chairman of the Administrative Council
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Stephen L. DRYMER (Canadian) - Appointed by the Claimant(s)
Domingo BELLO JANEIRO (Spanish) - Appointed by the Respondent(s) -
Pierre-Marie DUPUY (French) - Appointed by the Secretary-General
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Karl-Heinz BÖCKSTIEGEL (German) - Appointed by the Claimant(s)
Domingo BELLO JANEIRO (Spanish) - Appointed by the Respondent(s) -
December 12, 2019: Ricardo RAMÍREZ HERNÁNDEZ (Mexican) appointed following the resignation of Pierre-Marie DUPUY (French)
December 12, 2019: Stephen L. DRYMER (Canadian) appointed following the resignation of Karl-Heinz BÖCKSTIEGEL (German) -
Chaffetz Lindsey, New York, NY, U.S.A.
Freshfields US, Washington, D.C., U.S.A.
Bruchou, Fernández Madero & Lombardi, Buenos Aires, Argentina
General Counsel, AES Corparation North America, Arlington, VA, U.S.A. -
Procurador del Tesoro de la Nación, Buenos Aires, Argentina
Dechert (Paris), Paris, France -
English,Spanish
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Pending
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May 2, 2024 - Each party files a submission on costs.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on the Respondent's Proposal to Disqualify all Members of the Tribunal
Available on the ICSID Website
Decision on the Respondent's Proposal to Disqualify all Members of the Tribunal (April 6, 2022) English (Original)
(a) Original Proceeding
Date | Development |
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December 19, 2002 | The Secretary-General registers a request for the institution of arbitration proceedings. |
June 3, 2003 | The Tribunal is constituted. Its members are: Pierre-Marie Dupuy (French), President; Karl-Heinz Böckstiegel (German); and Domingo Bello Janeiro (Spanish). |
July 8, 2003 | The Tribunal holds its first session in Washington, D.C. |
October 7, 2003 | The Claimant files its memorial on the merits. |
December 31, 2003 | The Respondent files its memorial on jurisdiction. |
February 20, 2004 | The Claimant files its counter-memorial on jurisdiction. |
March 26, 2004 | The Respondent files its reply on jurisdiction. |
April 26, 2004 | The Claimant files its rejoinder on jurisdiction. |
October 23, 2004 - October 24, 2004 | The Tribunal holds a hearing on jurisdiction in Paris. |
April 26, 2005 | The Tribunal issues its decision on jurisdiction. |
September 8, 2005 | The Respondent files a counter-memorial on the merits. |
January 23, 2006 | Following the agreement by the parties, the Tribunal suspends the proceeding. |
June 29, 2006 | Following the agreement by the parties, the Tribunal further suspends the proceeding. |
December 29, 2006 | Following the agreement by the parties, the Tribunal suspends the proceeding. |
June 14, 2007 | Following the agreement by the parties, the Tribunal further suspends the proceeding. |
January 15, 2008 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
June 23, 2008 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
December 15, 2008 | The suspension of the proceeding is further extended, pursuant to the parties' agreement. |
December 28, 2009 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
June 28, 2010 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
December 11, 2010 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
June 27, 2011 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
December 11, 2011 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
June 22, 2012 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
June 17, 2013 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
December 12, 2013 | The suspension of the proceeding is further extended until June 11, 2014, pursuant to the parties’ agreement. |
July 11, 2014 | The suspension of the proceeding is further extended until December 11, 2014, pursuant to the parties’ agreement. |
January 23, 2015 | The suspension of the proceeding is further extended until June 11, 2015, pursuant to the parties’ agreement. |
June 22, 2015 | The suspension of the proceeding is further extended until December 11, 2015, pursuant to the parties’ agreement. |
December 24, 2015 | The suspension of the proceeding is further extended until June 11, 2016, pursuant to the parties’ agreement. |
August 11, 2016 | The suspension of the proceeding is further extended until December 11, 2016, pursuant to the parties’ agreement. |
February 24, 2017 | The suspension of the proceeding is further extended until June 11, 2017, pursuant to the parties’ agreement. |
July 10, 2017 | The suspension of the proceeding is further extended until December 11, 2017, pursuant to the parties’ agreement. |
December 19, 2017 | The suspension of the proceeding is further extended until June 11, 2018, pursuant to the parties’ agreement. |
July 17, 2018 | The suspension of the proceeding is further extended until September 11, 2018, pursuant to the parties’ agreement. |
September 13, 2018 | The suspension of the proceeding is further extended until December 11, 2018, pursuant to the parties’ agreement. |
January 27, 2019 | Following the resignation of arbitrator Pierre-Marie Dupuy, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2). |
January 28, 2019 | Following the resignation of arbitrator Karl-Heinz Böckstiegel, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding remains suspended pursuant to ICSID Arbitration Rule 10(2). |
July 7, 2019 | Following appointment by the Claimant, Stephen L. Drymer (Canadian) accepts his appointment as arbitrator. |
December 6, 2019 | Following appointment by the Chairman of the Administrative Council pursuant to the parties’ agreement, Ricardo Ramírez Hernández (Mexican) accepts his appointment as presiding arbitrator. |
December 12, 2019 | The Tribunal is reconstituted. Its members are: Ricardo Ramírez Hernández (Mexican), President, appointed by the Chairman of the Administrative Council pursuant to the parties’ agreement; Stephen L. Drymer (Canadian), appointed by the Claimant; and Domingo Bello Janeiro (Spanish), appointed by the Respondent. The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
February 19, 2020 | The Tribunal issues Procedural Order No. 2 concerning procedural matters. |
April 24, 2020 | The Claimant files its updated memorial on the merits. |
October 22, 2020 | The Respondent files its updated counter-memorial on the merits. |
March 26, 2021 | The Claimant files a reply on the merits. |
June 29, 2021 | The Respondent files a request for the Tribunal to decide on production of documents. |
July 2, 2021 | The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents. |
July 5, 2021 | The Tribunal issues a decision on production of documents. |
July 30, 2021 | The Respondent files a rejoinder on the merits. |
October 18, 2021 | The Tribunal holds a pre-hearing organizational meeting with the parties by video conference. |
October 21, 2021 | The Tribunal issues Procedural Order No. 3 concerning the organization of the hearing. |
November 3, 2021 | The Respondent files a proposal for disqualification of arbitrators Ricardo Ramírez Hernández, Stephen L. Drymer, and Domingo Bello Janeiro. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6). |
November 17, 2021 | The Claimant files observations on the proposal for disqualification. |
November 19, 2021 | Each member of the Tribunal furnishes explanations regarding the proposal for disqualification, in accordance with ICSID Arbitration Rule 9(3). |
November 29, 2021 | Each party files further observations on the proposal for disqualification. |
April 6, 2022 | The proposal for disqualification of arbitrators Ricardo Ramírez Hernández, Stephen L. Drymer, and Domingo Bello Janeiro is declined by the Chair of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
January 23, 2023 | The Tribunal issues Amended Procedural Order No. 3 concerning the organization of the hearing. |
February 6, 2023 - February 16, 2023 | The Tribunal holds a hearing on the merits in Washington, D.C. |
May 20, 2023 | Each party files observations on the other party’s submission on costs. |
June 23, 2023 | Each party files a post-hearing brief. |
May 2, 2024 | Each party files a submission on costs. |