Case Details

EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. v. Argentine Republic (ICSID Case No. ARB/03/23)

Proceeding Materials Procedural Details

  • Electricity distribution enterprise
  • Electric Power & Other Energy
  • BIT France - Argentina 1991, BIT Argentina - Belgium-Luxembourg 1990
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • EDF International S.A. (French), SAUR International S.A. (French), León Participaciones Argentinas S.A. (Luxembourg)
    • Argentine Republic (Argentine)
    • August 12, 2003
    • June 2, 2004

      Initial Composition of Tribunal

    • William W. PARK (Swiss, U.S.)
    • Gabrielle KAUFMANN-KOHLER (Swiss)
      Fernando DE TRAZEGNIES GRANDA (Peruvian)
    • October 17, 2006: Jesús REMÓN (Spanish) appointed following the resignation of Fernando DE TRAZEGNIES GRANDA (Peruvian)

      Party Representatives

    • Arnold & Porter, Washington, D.C., U.S.A.
    • Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • June 11, 2012 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • October 11, 2012 (Respondent(s))
    • January 2, 2013

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

    • Christopher GREENWOOD (British)
    • Teresa CHENG (Chinese)
      Yasuhei TANIGUCHI (Japanese)

      Party Representatives

    • Arnold & Porter, Washington, D.C., U.S.A.
    • Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • February 5, 2016 - The ad hoc Committee issues its decision on annulment.

(a) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (February 5, 2016) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
August 12, 2003 The Acting Secretary-General registers a request for institution of arbitration proceedings.
June 2, 2004 The Tribunal is constituted. Its members are: William W. Park (U.S./Swiss), President; Gabrielle Kaufmann-Kohler (Swiss); and Fernando de Trazegniez (Peruvian).
September 1, 2004 The Tribunal holds its first session in Washington, D.C.
May 2, 2005 The Claimants file their memorial on the merits.
July 15, 2005 The Respondent files a memorial on jurisdiction.
October 3, 2005 The Claimants file a counter-memorial on jurisdiction.
November 17, 2005 The Respondent files a reply on jurisdiction.
January 13, 2006 The Claimants file a rejoinder on jurisdiction.
March 8, 2006 The Tribunal holds a hearing on jurisdiction in Washington, D.C.
May 26, 2006 The Tribunal suspends the proceeding following the request of the parties.
June 22, 2006 The Respondent files a proposal for disqualification of arbitrator Fernando de Trazegnies Granda. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
July 7, 2006 Following the resignation of arbitrator Fernando de Trazegnies Granda, the Secretary-General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2).
July 20, 2006 The Tribunal consents to the resignation of arbitrator Fernando de Trazegnies Granda pursuant to ICSID Arbitration Rule 8(2) and the Secretary-General notifies the parties thereof.
October 17, 2006 Following the resignation of arbitrator Fernando de Trazegnies Granda, Jesús Remón (Spanish) accepts his appointment as arbitrator, appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1).

The Tribunal is reconstituted. Its members are: William W. Park (U.S./Swiss), President, appointed by the Chairman of the Administrative Council; Gabrielle Kaufmann-Kohler (Swiss), appointed by the Claimants and Jesús Remón (Spanish) appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12.
November 29, 2007 The Respondent files a proposal for disqualification of arbitrator Gabrielle Kaufmann-Kohler. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
December 21, 2007 The arbitrator furnishes explanations in regard to the proposal for disqualification.
The Claimants file observations on the proposal for disqualification.
January 16, 2008 The parties file observations on the explanations furnished by the arbitrator.
February 11, 2008 The Claimants file observations on the Respondent’s submission of January 16, 2008.
February 29, 2008 The Respondent files observations on the Claimants’ submission of February 11, 2008.
June 25, 2008 The proposal for disqualification of arbitrator Gabrielle Kaufmann-Kohler is declined by the co-arbitrators. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
August 5, 2008 The Tribunal issues a decision on jurisdiction.
August 14, 2008 The Tribunal issues a procedural order concerning the procedural calendar.
September 29, 2008 The Respondent files a request for production of documents.
October 10, 2008 The Claimants file observations on the Respondent's request for production of documents.
October 17, 2008 The Respondent files a reply on production of documents.
October 22, 2008 The Tribunal issues a procedural order concerning production of documents.
October 28, 2008 The Respondent files observations on production of documents as requested by the Tribunal in its procedural order of October 22, 2008.
November 17, 2008 The Claimants file a response to the Respondent’s observations of October 28, 2008.
December 4, 2008 The Tribunal issues a further procedural order concerning production of documents.
December 15, 2008 The Claimants file observations on the Tribunal's procedural order of December 4, 2008.
December 19, 2008 The Respondent files observations on the Tribunal's procedural order of December 4, 2008.
January 7, 2009 The parties produce documents as requested by the Tribunal in its procedural order of December 4, 2008.
January 26, 2009 The Respondent files a counter-memorial on the merits.
February 19, 2009 The Tribunal issues a further procedural order concerning production of documents.
February 26, 2009 - March 9, 2009 The parties file observations on production of documents as requested by the Tribunal in its procedural order of February 19, 2009.
March 12, 2009 The Claimants produce documents as requested by the Tribunal in its procedural order of February 19, 2009.
April 1, 2009 The Claimants file a request for production of documents.
April 3, 2009 One of the arbitrators notifies the Secretary General of certain circumstances regarding a business relationship in accordance with ICSID Arbitration Rule 6(2).
April 13, 2009 The Respondent files observations on the Claimants’ request for production of documents of April 1, 2009.
April 14, 2009 The Respondent files a request for disclosure of information by one of the arbitrators.
April 15, 2009 The Claimants file a response to the Respondent’s observations of April 13, 2009.
April 22, 2009 The Tribunal issues a further procedural order concerning production of documents.
April 30, 2009 The Claimants file a reply on the merits.
July 27, 2009 The Respondent files a rejoinder on the merits.
October 1, 2009 - October 3, 2009 The Tribunal holds a hearing on the merits in Washington, D.C.
November 2, 2009 - November 7, 2009 The Tribunal holds a further hearing on the merits in Washington, D.C.
December 14, 2009 The parties file post-hearing briefs.
January 8, 2010 The parties file reply post-hearing briefs.
February 14, 2011 The Tribunal holds a hearing on damages in Washington, D.C.
March 11, 2011 The Claimant files a post-hearing brief on quantum.
March 12, 2011 The Respondent files a post-hearing brief on quantum.
March 19, 2011 The Tribunal issues a procedural order concerning the admissibility of new evidence.
February 16, 2012 Each party files a statement of costs.
March 13, 2012 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
June 11, 2012 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
October 11, 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.
January 2, 2013 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are Christopher J. Greenwood (British), President; Teresa Cheng (Chinese), Yasuhei Taniguchi (Japanese); all members appointed by the Chairman of the Administrative Council.
February 22, 2013 The ad hoc Committee holds a first session by telephone conference.
February 25, 2013 The ad hoc Committee issues Procedural Order No. 1.
March 5, 2013 The ad hoc Committee issues Procedural Order No. 2.
March 18, 2013 The Argentine Republic files a request to continue the stay of enforcement of the award.
April 3, 2013 EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. file observations on the Argentine Republic's request to continue the stay of enforcement of the award.
April 17, 2013 The Argentine Republic files a response to EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A.'s observations of April 3, 2013.
April 29, 2013 EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. file a reply to the Argentine Republic's response of April 17, 2013.
May 28, 2013 The Argentine Republic files a memorial on annulment.
July 18, 2013 The ad hoc Committee issues a decision concerning the continuation of the stay of enforcement of the award.
September 16, 2013 EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. file a counter-memorial on annulment.
September 26, 2013 The ad hoc Committee issues a further decision on the Argentine Republic's request to continue the stay of enforcement of the award.
December 6, 2013 The Argentine Republic files a reply on annulment.
February 25, 2014 EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. file a rejoinder on annulment.
June 2, 2014 - June 3, 2014 The ad hoc Committee holds a hearing on annulment in Washington, D.C.
August 6, 2015 The Argentine Republic files a proposal for disqualification of ad hoc Committee member Teresa Cheng. The proceeding is suspended in accordance with ICSID Arbitration Rules 53 and 9(6).
August 19, 2015 The Argentine Republic files observations on the proposal for disqualification.
August 25, 2015 EDF International S.A., SAUR International S.A. and León Participaciones Argentinas S.A. file observations on the proposal for disqualification.
September 7, 2015 The member of the ad hoc Committee furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rules 53 and 9(3).
September 14, 2015 The Argentine Republic files further observations on the proposal for disqualification.
November 20, 2015 The proposal for disqualification of ad hoc Committee member Teresa Cheng is declined by the other two members of the ad hoc Committee. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 9(6).
December 22, 2015 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
February 5, 2016 The ad hoc Committee issues its decision on annulment.