Case Details

Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. v. Argentine Republic (ICSID Case No. ARB/03/17)

Subject of Dispute:

Water services concession
Economic Sector:

Water, Sanitation & Flood Protection
Instrument(s) Invoked:

BIT France - Argentina 1991, BIT Spain - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Interagua Servicios Integrales de Agua S.A. (Spanish), Sociedad General de Aguas de Barcelona S.A. (Spanish), Suez (French)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

July 17, 2003
Date of Constitution of Tribunal:

February 17, 2004

Composition of Tribunal

President:

Jeswald W. SALACUSE (U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Claimant(s)
Pedro NIKKEN (Venezuelan) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Paris, France, Washington, D.C., U.S.A.
Respondent(s):

Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 4, 2015 - The Tribunal renders its award.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

January 28, 2016 (Claimant(s))

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Paris, France, Washington, D.C., U.S.A.
Respondent(s):

Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 20, 2016 - The Tribunal issues its decision on rectification of the award.

(c) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

September 21, 2016
Date of Constitution of ad hoc Committee:

December 15, 2016

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

President:

Donald M. MCRAE (Canadian, New Zealand)
Members:

Cecil W.M. ABRAHAM (Malaysian)
Doug JONES (Australian, Irish)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
Respondent(s):

Procurador del Tesoro de la Nación, Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 14, 2018 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Order in Response to a Petition for Participation as Amicus Curiae

Procedural Order No. 1 Concerning the Discontinuance of Proceedings with Respect to Aguas Provinciales de Santa Fe S.A.

Decision on Jurisdiction

Decision on the Proposal for the Disqualification of a Member of the Arbitral Tribunal

Available on the ICSID Website

Order in Response to a Petition for Participation as Amicus Curiae (March 17, 2006) English (Original); Spanish (Original)

Procedural Order No. 1 Concerning the Discontinuance of Proceedings with Respect to Aguas Provinciales de Santa Fe S.A. (April 14, 2006) English (Original); Spanish (Original)

Decision on Jurisdiction (May 16, 2006) English (Original); Spanish (Original)

Decision on the Proposal for the Disqualification of a Member of the Arbitral Tribunal (October 22, 2007) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (December 14, 2018) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
July 17, 2003	The Acting Secretary-General registers a request for institution of arbitration proceedings.
February 17, 2004	The Tribunal is constituted. Its members are: Jeswald W. Salacuse (U.S.), President; Gabrielle Kaufmann-Kohler (Swiss); and Pedro Nikken (Venezuelan).
June 7, 2004	The Tribunal holds a session in Washington, D.C.
September 20, 2004	The Claimants file their memorial on the merits.
November 2, 2004	The Respondent files its memorial on jurisdiction.
February 1, 2005	The Claimants file their counter-memorial on jurisdiction.
May 9, 2005	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
June 21, 2005	A Petition for Participation as Amicus Curiae is filed by a non-disputing party.
March 17, 2006	The Tribunal issues an order concerning the petition filed by non-disputing parties for participation as Amicus Curiae.
April 14, 2006	Following Aguas Provinciales de Sante Fe, S.A.'s withdrawal of its claim, the Tribunal issues an order concerning the discontinuance of the proceeding with respect to Aguas Provinciales de Sante Fe, S.A.
May 16, 2006	The Tribunal issues a decision on jurisdiction and a procedural order concerning the continuance of the proceeding on the merits.
August 8, 2006	The Respondent files a counter-memorial on the merits.
November 27, 2006	The Claimants file a reply on the merits.
February 9, 2007	The Respondent files a rejoinder on the merits.
May 28, 2007 - June 6, 2007	The Tribunal holds a hearing on the merits in Washington, D.C.
July 6, 2007	The parties file post-hearing briefs.
October 15, 2007	The Respondent files a proposal for the disqualification of an arbitrator; the proceeding is suspended.
October 16, 2007	The arbitrator furnishes explanations in regard to the proposal for disqualification.
October 17, 2007	The Claimants file observations on the proposal for disqualification.
October 18, 2007	The Respondent files further comments on the proposal for disqualification.
October 22, 2007	The proposal for disqualification is declined; the proceeding is resumed.
November 29, 2007	The Respondent files a second proposal for the disqualification of the arbitrator; the proceeding is suspended.
December 21, 2007	The arbitrator furnishes explanations in regard to the second proposal for disqualification.
December 24, 2007	The Claimants file observations on the second proposal for disqualification.
January 7, 2008	The parties file additional observations on the second proposal for disqualification.
February 29, 2008	The Respondent files an expert report in support of its proposal for disqualification.
March 3, 2008	The Tribunal requests further explanations from the arbitrator.
March 5, 2008	The Claimants file observations on the expert report.
March 7, 2008	The Respondent files a response to the Claimants’ observations of March 5, 2008.
March 10, 2008	The Claimants file additional observations on the expert report.
March 13, 2008	The arbitrator furnishes additional explanations in regard to the second proposal for disqualification.
March 25, 2008	The parties file final observations on the second proposal for disqualification.
May 12, 2008	The second proposal for disqualification of the arbitrator is declined; the proceeding is resumed.
July 30, 2010	The Tribunal issues a decision on Liability; attached to the decision is an individual opinion by one of the arbitrators.
June 15, 2011	The Tribunal issues a procedural order concerning the appointment of a financial expert.
August 3, 2011	The Tribunal appoints a financial expert.
December 28, 2011	The Tribunal issues a procedural order concerning documents to be provided to the financial expert and the calendar for submissions on damage adjustments.
February 8, 2012	The Tribunal issues further directions concerning its December 28, 2011 Procedural Order.
March 15, 2012	Each party files a submission on damage adjustments.
May 18, 2012	Each party files a reply submission on damage adjustments.
June 5, 2012	The Claimants file a request for the inadmissibility of new evidence.
July 11, 2012	The Respondent files observations on the Claimants´request for the inadmissibility of new evidence.
August 10, 2012	The Tribunal issues a procedural order concerning admissibility of evidence.
March 8, 2013	The financial expert requests additional documentation from the parties.
March 27, 2013	The Tribunal issues a procedural order concerning admissibility of evidence.
November 18, 2013	The financial expert issues a preliminary report.
April 14, 2014	Each party files comments to the financial expert’s preliminary report.
May 21, 2014	The financial expert issues a final report.
June 30, 2014	Each party files comments to the financial expert’s final report.
July 31, 2014 - August 2, 2014	The Tribunal holds a hearing on quantum in Washington, D.C.
October 2, 2014	Each party files a submission on costs.
October 24, 2014	Each party files observations on the other party’s submission on costs.
August 24, 2015	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 4, 2015	The Tribunal renders its award.

(b) Rectification Proceeding

Date	Development
January 28, 2016	The Secretary-General registers a request for rectification of the award filed by the Claimants.
March 14, 2016	The Respondent files observations on the Claimants’ request for rectification of the award.
March 21, 2016	The Claimants file a response to the Respondent’s observations of March 14, 2016.
March 28, 2016	The Respondent files a rejoinder on the Claimants’ request for rectification of the award.
May 20, 2016	The Tribunal issues its decision on rectification of the award.

(c) Annulment Proceeding

Date	Development
September 21, 2016	The Secretary-General registers an application for annulment of the award filed by the Argentine Republic.
December 15, 2016	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Donald M. McRae (Canadian/New Zealand), President; Cecil W. M. Abraham (Malaysian); and Doug Jones (Australian/Irish); all members appointed by the Chairman of the Administrative Council.
January 17, 2017	Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. file observations on the Argentine Republic’s request to continue the stay of enforcement of the award.
January 17, 2017	The Argentine Republic files a request to continue the stay of enforcement of the award.
February 1, 2017	The ad hoc Committee holds a first session by telephone conference.
February 7, 2017	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
February 17, 2017	The Argentine Republic files a second submission in support of its request to continue the stay of enforcement of the award.
February 17, 2017	Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. file a second submission in opposition to the Argentine Republic’s request to continue the stay of enforcement of the award.
March 10, 2017	Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. file a third submission in opposition to the Argentine Republic’s request to continue the stay of enforcement of the award.
March 10, 2017	The Argentine Republic files a third submission in support of its request to continue the stay of enforcement of the award.
May 8, 2017	The Argentine Republic files a memorial on annulment.
June 21, 2017	The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award.
August 7, 2017	Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. file a counter-memorial on annulment.
October 5, 2017	The Argentine Republic files a reply on annulment.
December 4, 2017	Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. file a rejoinder on annulment.
January 17, 2018 - January 18, 2018	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
March 2, 2018	The Argentine Republic files a statement of costs.
April 11, 2018	Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. file a statement of costs.
July 10, 2018	Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. file a request for the ad hoc Committee to decide on the admissibility of a new document.
July 17, 2018	The Argentine Republic files observations on Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. request for the ad hoc Committee to decide on the admissibility of a new document.
July 23, 2018	Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. file comments on the Argentine Republic’s observations of July 17, 2018.
August 2, 2018	The Argentine Republic files observations on Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. comments of July 23, 2018.
August 10, 2018	The ad hoc Committee decides on Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales de Agua S.A. request of July 10, 2018.
December 7, 2018	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
December 14, 2018	The ad hoc Committee issues its decision on annulment.