Case Details

Enersis S.A. and others v. Argentine Republic (ICSID Case No. ARB/03/21)

Subject of Dispute:

Electricity distribution enterprise
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

BIT Chile - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Empresa Nacional de Electricidad S.A. (Chilean), Elesur S.A. (Chilean), Chilectra S.A. (Chilean), Enersis S.A. (Chilean)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

July 22, 2003
Date of Constitution of Tribunal:

January 21, 2004

Composition of Tribunal

President:

Roberto MACLEAN (Peruvian) - Appointed by the Parties
Arbitrators:

Luis HERRERA MARCANO (Venezuelan) - Appointed by the Respondent(s)
Robert VOLTERRA (Canadian) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Jones Day, Madrid, Spain
Respondent(s):

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

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

March 28, 2017 - The Secretary-General issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

No References Available.

(a) Original Proceeding

Date	Development
July 22, 2003	The Acting Secretary-General registers a request for institution of arbitration proceedings.
January 21, 2004	The Tribunal is constituted. Its members are: Roberto MacLean (Peruvian), President; Luis Herrera Marcano (Venezuelan); and Robert Volterra (Canadian).
April 3, 2004	The Tribunal holds its first session in Paris.
July 28, 2004	The Claimants file their memorial on the merits.
October 8, 2004	The Respondent files its memorial on jurisdiction.
December 17, 2004	The Claimants file their counter-memorial on jurisdiction.
April 6, 2005	The Tribunal holds a hearing on jurisdiction in Paris.
March 28, 2006	Following the request by the parties, the Tribunal suspends the proceeding.
August 1, 2007	The proceeding is suspended pursuant to the parties’ agreement.
March 28, 2008	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
February 9, 2009	The suspension of the proceeding is further extended, pursuant to the parties' agreement.
August 25, 2009	The suspension of the proceeding is further extended, pursuant to the parties' agreement.
October 13, 2010	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
October 26, 2010	Following the resignation of arbitrator Robert Volterra, the Centre notifies the parties of the vacancy on the Tribunal; the proceeding is suspended.
March 31, 2014	The suspension of the proceeding is further extended until December 31, 2014, pursuant to the parties’ agreement.
January 12, 2015	The suspension of the proceeding is further extended until December 31, 2015, pursuant to the parties’ agreement.
February 21, 2017	The Claimants file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.
February 23, 2017	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.
March 13, 2017	The Respondent informs the Centre that it does not object to the Claimants’ request for the discontinuance of the proceeding.
March 28, 2017	The Secretary-General issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.