Case Details

Total S.A. v. Argentine Republic (ICSID Case No. ARB/04/1)

Proceeding Materials Procedural Details

  • Gas production and distribution/power generation project
  • Oil, Gas & Mining
  • BIT France - Argentina 1991
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Total S.A. (French)
    • Argentine Republic (Argentine)
    • January 22, 2004
    • August 24, 2004

      Composition of Tribunal

    • Giorgio SACERDOTI (Italian) - Appointed by the Chairman of the Administrative Council
    • Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
      Luis HERRERA MARCANO (Venezuelan) - Appointed by the Respondent(s)

      Party Representatives

    • Abeledo Gottheil Abogados SC, Buenos Aires, Argentina
      Freshfields Bruckhaus Deringer, Paris, France and New York, NY, U.S.A.
    • Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • November 27, 2013 - The Tribunal renders its award.

    (b) Annulment Proceeding

    • Respondent(s)
    • April 2, 2014 (Respondent(s))
    • May 27, 2014

      Party Representatives

    • Abeledo Gottheil Abogados SC, Buenos Aires, Argentina
      Freshfields Bruckhaus Deringer, Paris, France and Washington, D.C., U.S.A.
    • Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • February 1, 2016 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Objections to Jurisdiction

Decision on Liability

Decision on Liability - Dissenting Opinion by Henri Alvarez

Decision on Liability - Concurring Opinion by Luis Herrera Marcano

Award of the Tribunal, Dissenting Opinion of Mr. Henri Alvarez (reflected in paragraphs 218-224 of the Award) and Dissenting Opinion of Mr. Luis Herrera Marcano (reflected in paragraph 262 of the Award)

Available on the ICSID Website

Decision on Objections to Jurisdiction (August 25, 2006) English (Original); Spanish (Original)

Decision on Liability (December 27, 2010) English (Original); Spanish (Original)

Decision on Liability - Dissenting Opinion by Henri Alvarez (December 27, 2010) English (Original); Spanish (Original)

Decision on Liability - Concurring Opinion by Luis Herrera Marcano (December 27, 2010) English (Original); Spanish (Original)

Award of the Tribunal, Dissenting Opinion of Mr. Henri Alvarez (reflected in paragraphs 218-224 of the Award) and Dissenting Opinion of Mr. Luis Herrera Marcano (reflected in paragraph 262 of the Award) (November 27, 2013) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Proposal to Disqualify Teresa Cheng

Decision on Annulment

Available on the ICSID Website

Decision on the Proposal to Disqualify Teresa Cheng (August 26, 2015) English (Original); Spanish (Original)

Decision on Annulment (February 1, 2016) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
January 22, 2004 The Secretary-General registers a request for the institution of arbitration proceedings.
August 24, 2004 The Tribunal is constituted. Its members are: Giorgio Sacerdoti (Italian), President; Henri C. Álvarez (Canadian); and Luis Herrera Marcano (Venezuelan).
November 15, 2004 The Tribunal holds its first session in Washington, D.C.
April 11, 2005 The Claimant files its memorial on the merits.
June 3, 2005 The Respondent files its memorial on jurisdiction.
August 1, 2005 The Claimant files a counter-memorial on jurisdiction.
September 15, 2005 The Tribunal holds a hearing on jurisdiction in Washington, D.C.
August 25, 2006 The Tribunal issues a decision on jurisdiction.
January 26, 2007 The Respondent files a counter-memorial on the merits.
May 18, 2007 The Claimant files a reply on the merits.
September 26, 2007 The Respondent files a request for production of documents.
October 16, 2007 The Respondent files a rejoinder on the merits.
November 20, 2007 The Respondent files an expert report on damages, accompanied by its observations.
December 4, 2007 The Claimant files a request for production of documents.
December 10, 2007 The Tribunal holds a pre-hearing conference with the parties by telephone.
December 13, 2007 The Tribunal issues procedural directions for the organization of the hearing on the merits.
December 14, 2007 The parties produce documents.
January 7, 2008 - January 18, 2008 The Tribunal holds a hearing on the merits in Washington, D.C.
April 11, 2008 The parties file post-hearing briefs.
May 26, 2008 The parties file submissions on costs.
November 17, 2008 The Respondent files a further request for production of documents.
November 21, 2008 The Claimant files observations on the Respondent's further request for production of documents.
December 11, 2008 The Tribunal issues a decision on production of documents.
February 20, 2009 The Claimant files a request for production of documents.
March 20, 2009 The Respondent files observations on the Claimant's request for production of documents and files a further request for production of documents.
April 9, 2009 The Tribunal issues a further decision on production of documents.
December 27, 2010 The Tribunal issues a decision on liabity; attached to the decion are a concurring opinion by one arbitrator, and a dissenting opinion by another arbitrator.
February 7, 2011 The parties file submissions on quantum.
February 28, 2011 Each party files observations on the other party’s submission on quantum.
March 23, 2011 The Respondent files a response to the Claimant’s observations of February 28, 2011.
March 24, 2011 The Claimant files a response to the Respondent’s observations of February 28, 2011.
March 28, 2011 The Tribunal holds a hearing on procedural matters in Washington, D.C.
March 29, 2011 The Tribunal issues a procedural order concerning the procedural calendar.
June 18, 2011 The Claimant files a memorial on quantum.
August 5, 2011 The Respondent files a request for production of documents.
August 16, 2011 The Claimant files observations on the Respondent’s request for production of documents.
September 2, 2011 The Respondent files a counter-memorial on quantum.
September 26, 2011 The Tribunal issues a procedural order concerning production of documents.
October 11, 2011 The Tribunal issues a procedural order concerning production and confidentiality of documents.
October 15, 2011 The Claimant files a reply on quantum.
November 25, 2011 The Respondent files a rejoinder on quantum.
December 7, 2011 The Tribunal issues a procedural order concerning the organization of the hearing on quantum.
December 8, 2011 The Tribunal issues a procedural order concerning the admissibility of new evidence,
December 19, 2011 - December 22, 2011 The Tribunal holds a hearing on quantum in Washington, D.C.
January 13, 2012 The Tribunal issues a procedural order concerning post-hearing briefs on quantum and submissions on costs.
March 27, 2012 Each party files a post-hearing brief.
April 26, 2012 Each party files a submission on costs.
June 1, 2012 The Tribunal issues a procedural order concerning supplementary post-hearing briefs on quantum.
July 2, 2012 Each party files a supplementary post-hearing brief on quantum.
June 26, 2013 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
October 22, 2013 The Tribunal extends the period to draw up and sign its award.
November 27, 2013 The Tribunal renders its award.

(b) Annulment Proceeding

Date Development
April 2, 2014 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 27, 2014 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President; Álvaro Castellanos Howell (Guatemala) and Teresa Cheng (Chinese); and all members appointed by the Chairman of the Administrative Council.
July 11, 2014 The Argentine Republic files a request to continue the stay of enforcement of the award.

Total S.A. files a request to terminate the stay of enforcement of the award.
August 12, 2014 Each party files observations on the other party’s request of July 11, 2014.
October 6, 2014 The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award in Washington, D.C.
October 21, 2014 The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
December 4, 2014 The ad hoc Committee issues a decision concerning the termination of the stay of enforcement of the award.
December 22, 2014 The Argentine Republic files a memorial on annulment.
March 9, 2015 Total S.A. files a counter-memorial on annulment.
April 29, 2015 The Argentine Republic files a request for the ad hoc Committee to decide on the admissibility of new evidence.
May 1, 2015 Total S.A. files observations on the Argentine Republic’s request of April 29, 2015.
May 4, 2015 The Argentine Republic files a reply on annulment.
May 12, 2015 The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of new evidence.
July 10, 2015 Total S.A. files a rejoinder on annulment.
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 12, 2015 The Argentine Republic files observations on the proposal for disqualification.
August 17, 2015 Total S.A. files observations on the proposal for disqualification.
August 18, 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).
August 24, 2015 Each party files further observations on the proposal for disqualification.
August 26, 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).
September 1, 2015 - September 2, 2015 The ad hoc Committee holds a hearing on annulment in Washington, D.C.
September 23, 2015 The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.
November 10, 2015 Each party files a statement of costs.
December 24, 2015 The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
February 1, 2016 The ad hoc Committee issues its decision on annulment.