Case Details

El Paso Energy International Company v. Argentine Republic (ICSID Case No. ARB/03/15)

Proceeding Materials Procedural Details

  • Hydrocarbon and electricity concessions
  • Electric Power & Other Energy
  • BIT United States of America - Argentina 1991
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • El Paso Energy International Company (U.S.)
    • Argentine Republic (Argentine)
    • June 12, 2003
    • February 6, 2004

      Composition of Tribunal

    • Lucius CAFLISCH (Swiss) - Appointed by the Chairman of the Administrative Council
    • Piero BERNARDINI (Italian) - Appointed by the Claimant(s)
      Brigitte STERN (French) - Appointed by the Respondent(s)

      Party Representatives

    • King & Spalding, Houston, TX, U.S.A.
      Pérez Alati, Grondona, Benítez Arntsen & Martínez de Hoz (Jr.), Buenos Aires, Argentina
    • Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • October 31, 2011 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • March 7, 2012 (Respondent(s))
    • May 22, 2012

      Party Representatives

    • Pérez Alati, Grondona, Benítez Arntsen & Martínez de Hoz (Jr.), Buenos Aires, Argentina
      Vinson & Elkins, London, U.K. and Houston, TX, U.S.A.
    • Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • September 22, 2014 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Introductory Note

Decision on Jurisdiction of April 27, 2006, [English original] 21 ICSID Rev.—FILJ 488 (2006); [Spanish original] 21 ICSID Rev.—FILJ 541 (2006).

Award - English (Original) Spanish (Original) (October 31, 2011)

Available on the ICSID Website

Introductory Note (April 27, 2006)

Decision on Jurisdiction (April 27, 2006) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Application for Annulment

Available on the ICSID Website

Decision on the Application for Annulment (September 22, 2014) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
June 12, 2003 The Acting Secretary-General registers a request for institution of arbitration proceedings.
February 6, 2004 The Tribunal is constituted. Its members are: Lucius Caflisch (Swiss), President; Piero Bernardini (Italian); and Brigitte Stern (French).
April 21, 2004 The Tribunal holds its first session in Geneva.
August 20, 2004 The Claimant files its memorial on the merits.
October 19, 2004 The Respondent files its memorial on jurisdiction.
December 13, 2004 The Claimant files its counter-memorial on jurisdiction.
April 8, 2005 The Tribunal holds a hearing on jurisdiction in Paris.
July 28, 2005 The Tribunal issues a procedural order concerning the production of documents.
April 27, 2006 The Tribunal issues a decision on jurisdiction and a procedural order concerning the continuance of the proceeding on the merits.
June 6, 2006 The Respondent files a request for production of documents.
June 26, 2006 The Claimant produces documents.
June 26, 2006 The Claimant files observations on the Respondent’s request for production of documents.
July 26, 2006 The Tribunal issues a procedural order concerning the production of documents.
September 1, 2006 The Respondent files a counter-memorial on the merits.
November 28, 2006 The Claimant files a reply on the merits.
March 12, 2007 The Respondent files a rejoinder on the merits.
June 4, 2007 - June 13, 2007 The Tribunal holds a hearing on the merits in Washington, D.C.
August 2, 2007 The parties file answers to questions posed by the Tribunal during the hearing on the merits.
May 21, 2008 The Tribunal appoints an independent expert.
September 25, 2008 The Respondent files a request for production of documents.
September 29, 2008 The Claimant files observation on the Respondent's request for production of documents.
September 30, 2008 Following consultation with the parties, the Tribunal terminates the independent expert’s appointment.
October 2, 2008 The Tribunal issues a decision on production of documents.
June 15, 2009 The Tribunal appoints an independent expert.
April 17, 2010 The Claimant files a request for production of documents.
April 26, 2010 The Respondent files observations on the Claimant’s request for production of documents.
May 4, 2010 The Claimant reiterates its requests of April 17 and 28, 2010.
May 17, 2010 The requested information concerning the independent expert’s preliminary report is provided to the parties.
November 22, 2010 The independent expert issues a final report.
December 27, 2010 The parties file observations on the independent expert’s final report.
May 5, 2011 The Tribunal declares the proceeding closed.
June 1, 2011 The parties file observations on the independent expert’s preliminary report.
June 15, 2011 The parties file statements of costs.
October 31, 2011 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
March 7, 2012 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, 2012 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Rodrigo Oreamuno (Costa Rican), President; Teresa Cheng (Chinese); and Rolf Knieper (German); all members appointed by the Chairman of the Administrative Council.
May 31, 2012 The ad hoc Committee decides on the continuation of the stay of enforcement of the award.
July 18, 2012 The ad hoc Committee holds a first session by telephone conference.
October 5, 2012 The Argentine Republic files a memorial on annulment.
December 21, 2012 El Paso Energy International Company files a counter-memorial on annulment.
February 21, 2013 The Argentine Republic files a reply on annulment.
May 10, 2013 El Paso Energy International Company files a rejoinder on annulment.
October 8, 2013 - October 9, 2013 The ad hoc Committee holds a hearing on annulment in Washington, D.C.
October 24, 2013 El Paso Energy International Company files a post-hearing brief.
November 14, 2013 The Argentine Republic files a post-hearing brief.
December 5, 2013 El Paso Energy International Company files a reply post-hearing brief.
December 27, 2013 The Argentine Republic files a reply post-hearing brief.
August 19, 2014 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
September 22, 2014 The ad hoc Committee issues its decision on annulment.