Case Details
Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9)
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Insurance company
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Finance
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BIT United States of America - Argentina 1991
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ICSID Convention - Arbitration Rules
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Continental Casualty Company (U.S.)
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Argentine Republic (Argentine)
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May 22, 2003
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October 6, 2003
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Giorgio SACERDOTI (Italian) - Appointed by the Chairman of the Administrative Council
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V.V. VEEDER (British) - Appointed by the Claimant(s)
Michell NADER (Mexican) - Appointed by the Respondent(s) -
Giorgio SACERDOTI (Italian)
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Elihu LAUTERPACHT (British)
Michell NADER (Mexican) -
October 14, 2004: V.V. VEEDER (British) appointed following the resignation of Elihu LAUTERPACHT (British)
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Appleton & Associates International Lawyers, Toronto, Canada
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Procurador del Tesoro de la Nación, Buenos Aires, Argentina
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English,Spanish
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Concluded
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September 5, 2008 - The Tribunal renders its award.
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Both Parties
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October 16, 2008 (Claimant(s)), November 6, 2008 (Respondent(s))
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Appleton & Associates International Lawyers, Toronto, Canada
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Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
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English,Spanish
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Concluded
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February 23, 2009 - The Tribunal issues a decision on the rectification of the award.
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Both Parties
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January 14, 2009 (Claimant(s)), June 8, 2009 (Respondent(s))
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March 19, 2009
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Gavan GRIFFITH (Australian)
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Bola A. AJIBOLA (Nigerian)
Christer SÖDERLUND (Swedish) -
Gavan GRIFFITH (Australian)
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Mohamed SHAHABUDDEEN (Guyanese)
Christer SÖDERLUND (Swedish) -
June 3, 2009: Bola A. AJIBOLA (Nigerian) appointed following the resignation of Mohamed SHAHABUDDEEN (Guyanese)
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Appleton & Associates International Lawyers, Toronto, Canada
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Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
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English,Spanish
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Concluded
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September 16, 2011 - The ad hoc Committee issues its decision on the application for annulment.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(b) Rectification Proceeding
Party Representatives
(c) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Initial Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Award - English (Original) (September 5, 2008)
(b) Annulment Proceeding
Published Decisions
Decision on the Claimant's Preliminary Objection to Argentina's Application for Annulment
Decision on Argentina’s Application for a Stay of Enforcement of the Award
Decision on Annulment
Available on the ICSID Website
Decision on the Claimant's Preliminary Objection to Argentina's Application for Annulment (October 23, 2009) English (Original); Spanish (Original)
Decision on Argentina’s Application for a Stay of Enforcement of the Award (October 23, 2009) English (Original); Spanish (Original)
Decision on Annulment (September 16, 2011) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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May 22, 2003 | The Acting Secretary-General registers a request for institution of arbitration proceedings. |
October 6, 2003 | The Tribunal is constituted. Its members are: Giorgio Sacerdoti (Italian), President; Elihu Lauterpacht (British); and Michell Nader (Mexican). |
January 29, 2004 | The Tribunal holds its first session in Washington, D.C. |
April 27, 2004 | The Claimant files its memorial on the merits. |
June 29, 2004 | The Respondent files its memorial on jurisdiction. |
July 30, 2004 | The Claimant files its counter-memorial on jurisdiction. |
August 12, 2004 | The proceeding is suspended pursuant to ICSID Arbitration Rule 10. |
October 14, 2004 | The Tribunal is reconstituted. Its members are: Giorgio Sacerdoti (Italian), President; Michell Nader (Mexican); and V.V. Veeder (British), following the resignation of Elihu Lauterpacht. |
February 1, 2005 | The Tribunal holds a hearing on jurisdiction in Washington, D.C. |
February 22, 2006 | The Tribunal issues a decision on objections to jurisdiction and issues a procedural order concerning the continuance of the proceedings on the merits. |
May 8, 2006 | The Respondent files a counter-memorial on the merits. |
October 20, 2006 | The Respondent files a rejoinder on the merits. |
November 27, 2006 - December 2, 2006 | The Tribunal holds a hearing on the merits in Washington, D.C. |
January 20, 2007 | The Claimant files a post-hearing brief. |
January 27, 2007 | The Respondent files a post-hearing brief. |
April 24, 2008 | The Tribunal declares the proceeding closed. |
September 5, 2008 | The Tribunal renders its award. |
(b) Rectification Proceeding
Date | Development |
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October 16, 2008 | The Acting Secretary-General registers a request submitted by Continental Casualty Company for rectification of the award. |
November 6, 2008 | The Acting Secretary-General registers a request submitted by the Argentine Republic for rectification of the award. |
February 23, 2009 | The Tribunal issues a decision on the rectification of the award. |
(c) Annulment Proceeding
Date | Development |
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January 14, 2009 | The Acting Secretary-General registers an application for the annulment of the award, submitted by Continental Casualty Company. |
March 19, 2009 | The ad hoc Committee, considering the application submitted by Continental Casualty Company, is constituted. Its members are: Gavan Griffith (Australian), President; Mohamed Shahabuddeen (Guyanese); and Christer Söderlund (Swedish). |
April 22, 2009 | The ad hoc Committee holds a first session by telephone conference. |
May 13, 2009 | Following the resignation of one of the ad hoc Committee members, the Centre notifies the parties of the vacancy on the ad hoc Committee and of the suspension of the proceeding. |
June 3, 2009 | The ad hoc Committee, considering the application submitted by Continental Casualty Company, is reconstituted. Its members are: Gavan Griffith (Australian), President; Bola A. Ajibola (Nigerian); and Christer Söderlund (Swedish). |
June 8, 2009 | The Acting Secretary-General registers an application for partial annulment of the award submitted by the Argentine Republic, and notifies the parties of the provisional stay of enforcement of the award. |
June 10, 2009 | The ad hoc Committee, considering the application submitted by the Argentine Republic, is constituted. Its members are: Gavan Griffith (Australian), President; Bola A. Ajibola (Nigerian); and Christer Söderlund (Swedish). |
July 2, 2009 | The ad hoc Committee holds a session with the parties in Washington, D.C. |
July 16, 2009 | Continental Casualty Company files observations on the Argentine Republic's application for partial annulment of the award. |
August 21, 2009 | The Argentine Republic files a response to Continental Casualty Company’s observations of July 16, 2009. |
August 31, 2009 | Continental Casualty Company files a request for disclosure of documents. |
September 8, 2009 | The Argentine Republic files observations on the request for disclosure of documents. |
September 9, 2009 | Continental Casualty Company files a response to the Argentine Republic’s observations of September 8, 2009. |
September 15, 2009 | The ad hoc Committee decides on the request for disclosure of documents. |
October 23, 2009 | The ad hoc Committee issues a decision on the Argentine Republic’s application for the stay of enforcement of the award, and a decision on Continental Casualty Company's preliminary objection to the Argentine Republic's application for partial annulment. |
October 30, 2009 | Continental Casualty Company files a memorial on annulment with regard to its application for annulment. |
December 22, 2009 | The Argentine Republic files a memorial on annulment with regard to its application for partial annulment. |
March 3, 2010 | The Argentine Republic files a counter-memorial on annulment with regard to the application for annulment submitted by Continental Casualty Company. |
April 28, 2010 | Continental Casualty Company files a counter-memorial on annulment with regard to the application for partial annulment submitted by the Argentine Republic. |
May 7, 2010 | Continental Casualty Company files a reply for annulment with regard to its application for annulment. |
July 2, 2010 | The Argentine Republic files a reply on annulment with regard to its application for partial annulment. |
July 16, 2010 | The Argentine Republic files a rejoinder on annulment with regard to the application for annulment submitted by Continental Casualty Company. |
September 7, 2010 | Continental Casualty Company files a rejoinder on annulment with regard to the application for partial annulment submitted by the Argentine Republic. |
November 8, 2010 - November 10, 2010 | The ad hoc Committee holds a hearing on annulment in Washington, D.C. |
December 8, 2010 | The parties file statements of costs. |
September 16, 2011 | The ad hoc Committee issues its decision on the application for annulment. |