Case Details
SAUR International S.A. v. Argentine Republic (ICSID Case No. ARB/04/4)
-
Water and sewer services concession agreement
-
Water, Sanitation & Flood Protection
-
BIT France - Argentina 1991
-
ICSID Convention - Arbitration Rules
-
SAUR International S.A. (French)
-
Argentine Republic (Argentine)
-
January 27, 2004
-
September 3, 2004
-
Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Chairman of the Administrative Council
-
Bernard HANOTIAU (Belgian) - Appointed by the Claimant(s)
Christian TOMUSCHAT (German) - Appointed by the Respondent(s) -
Latham & Watkins, Paris, France
Quinn Emanuel Urquhart & Sullivan, Paris, France
Shearman & Sterling, Paris, France -
Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
-
French,Spanish
-
Concluded
-
May 22, 2014 - The Tribunal decides on the Respondent's request to reopen the proceeding.
The Tribunal renders its award. -
Respondent(s)
-
September 22, 2014 (Respondent(s))
-
January 7, 2015
-
Eduardo ZULETA (Colombian)
-
-
Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
-
Shearman & Sterling, Paris, France
-
French,Spanish
-
Concluded
-
December 19, 2016 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Annulment Proceeding
Published Decisions
Decision on Annulment
Available on the ICSID Website
Decision on Annulment (December 19, 2016) French (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
---|---|
January 27, 2004 | The Secretary-General registers a request for the institution of arbitration proceedings. |
September 3, 2004 | The Tribunal is constituted. Its members are: Juan Fernández-Armesto (Spanish), President; Bernard Hanotiau (Belgian); and Christian Tomuschat (German). |
November 13, 2004 | The Tribunal holds its first session in Washington, D.C. |
March 2, 2005 | The Respondent files its memorial on jurisdiction. |
June 6, 2005 | The Claimant files its counter-memorial on jurisdiction. |
November 10, 2005 | The Tribunal holds a hearing on jurisdiction in Washington, D.C. |
February 27, 2006 | The Tribunal issues a decision on jurisdiction. |
March 10, 2006 | The Tribunal issues a procedural order concerning the continuance of the proceedings on the merits. |
April 7, 2006 | Following the request by the parties, the Tribunal suspends the proceeding. |
October 27, 2006 | Following the request by the parties, the Tribunal further suspends the proceeding. |
April 4, 2007 | Following the request by the parties, the Tribunal further suspends the proceeding. |
January 28, 2008 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
July 28, 2008 | The suspension of the proceeding is further extended, pursuant to the parties’ agreement. |
December 17, 2008 | The suspension of the proceeding is further extended, pursuant to the parties' agreement. |
July 6, 2009 | The suspension of the proceeding is further extended, pursuant to the parties' agreement. |
February 17, 2010 | The suspension of the proceeding is further extended, pursuant to the parties' agreement. |
April 19, 2010 | The suspension of the proceeding is further extended, pursuant to the parties' agreement. |
July 5, 2010 | The Claimant files a memorial on the merits. |
August 24, 2010 | The Respondent files a request for production of documents. |
August 31, 2010 | The Claimant files observations on the Respondent’s request for production of documents. |
September 9, 2010 | The Tribunal issues directions on production of documents. |
September 23, 2010 | The Respondent files a further request for production of documents. |
September 30, 2010 | The Claimant files observations on the Respondent’s further request for production of documents. |
October 4, 2010 | The Tribunal issues a decision on production of documents. |
October 6, 2010 | The Respondent files a request for reconsideration of the Tribunal's decision of October 4, 2010. |
October 12, 2010 | The Claimant files observations on the Respondent’s request of October 6, 2010. |
October 13, 2010 | The Tribunal issues a decision on production of documents. |
October 19, 2010 | The Respondent files a counter-memorial on the merits. |
November 9, 2010 | The Claimant files a further request for production of documents. |
November 22, 2010 | The Claimant files a request for production of documents. |
November 26, 2010 | The Respondent produces documents. |
January 5, 2011 | The Claimant files a further request for production of documents. |
January 21, 2011 | The Respondent files observations on the Claimant’s further request for production of documents. |
February 2, 2011 | The Claimant files a reply on the merits. |
March 9, 2011 | The Respondent files a further request for production of documents. |
April 27, 2011 | The Respondent files an additional request for production of documents. |
May 12, 2011 | The Respondent files a rejoinder on the merits. |
November 14, 2011 - November 18, 2011 | The Tribunal holds a hearing on the merits in Washington, D.C. |
January 6, 2012 | Each party files a submission on costs. |
June 6, 2012 | The Tribunal issues a decision on jurisdiction and liability. |
July 25, 2012 | The Respondent files a request to present a counter-claim and a request for the Tribunal to appoint an independent expert. |
August 10, 2012 | Each party files observations on the Respondent's requests of July 25, 2013 and on the procedural calendar. |
August 28, 2012 | The Claimant files a response to the Respondent's observations of August 10, 2012. |
September 5, 2012 | The Tribunal issues a decision on the Respondent's requests of July 25, 2012 and on the procedural calendar. |
October 15, 2012 | The Claimant files a memorial on quantum. |
January 14, 2013 | The Respondent files a counter-memorial and counter-claim on quantum. |
March 15, 2013 | The Claimant files a reply on quantum and observations on the Respondent's counter-claim on quantum of January 14, 2013. |
May 14, 2013 | The Respondent files a rejoinder on quantum and a response to the Claimant's observations of March 15, 2013. |
June 17, 2013 - June 18, 2013 | The Tribunal holds a hearing on quantum in Washington, D.C. |
August 5, 2013 | Each party files a post-hearing brief and a submission on costs. |
September 30, 2013 | The Claimant files an updated submission on costs. |
December 19, 2013 | The Respondent files a request for reconsideration of the Tribunal's decision on jurisdiction and liability and a request for the Tribunal to decide on production of documents. |
January 22, 2014 | The Claimant files observations on the Respondent's requests of December 19, 2013. |
January 31, 2014 | The Tribunal issues a decision on the Respondent's requests of December 19, 2013. |
March 13, 2014 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
April 23, 2014 | The Respondent files a request to reopen the proceeding pursuant to ICSID Arbitration Rule 38(2). |
April 30, 2014 | The Claimant files observations on the Respondent's request to reopen the proceeding. |
May 22, 2014 | The Tribunal decides on the Respondent's request to reopen the proceeding. The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
---|---|
September 22, 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. |
January 7, 2015 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Eduardo Zuleta (Colombian), President; Álvaro Rodrigo Castellanos Howell (Guatemalan); and Abdulqawi Ahmed Yusuf (Somali); all members appointed by the Chairman of the Administrative Council. |
March 6, 2015 | The Argentine Republic files a request to continue the stay of enforcement of the award. |
April 6, 2015 | SAUR International files observations on the Argentine Republic’s request to continue the stay of enforcement of the award. |
April 28, 2015 | The Argentine Republic files a response to SAUR International’s observations of April 6, 2015. |
May 8, 2015 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
May 20, 2015 | SAUR International files further observations on the Argentine Republic’s request to continue the stay of enforcement of the award. |
July 7, 2015 | The Argentine Republic files a memorial on annulment. |
September 7, 2015 | The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award in Washington, D.C. |
September 15, 2015 | SAUR International files a counter-memorial on annulment. |
October 6, 2015 | The ad hoc Committee poses questions to the Argentine Republic. |
October 15, 2015 | The Argentine Republic files answers to the questions posed by the ad hoc Committee on October 6, 2015. |
October 24, 2015 | SAUR International files observations on the Argentine Republic’s answers of October 15, 2015. |
November 10, 2015 | The Argentine Republic files a reply on annulment. |
January 5, 2016 | SAUR International files a rejoinder on annulment. |
March 1, 2016 | The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award. |
April 5, 2016 - April 6, 2016 | The ad hoc Committee holds a hearing on annulment in Washington, D.C. |
May 4, 2016 | Each party files a submission on costs. |
December 7, 2016 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1) and 53. |
December 19, 2016 | The ad hoc Committee issues its decision on annulment. |