Case Details

Daimler Financial Services AG v. Argentine Republic (ICSID Case No. ARB/05/1)

Subject of Dispute:

Leasing and financial services
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Germany - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Daimler Financial Services AG (German)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

January 14, 2005
Date of Constitution of Tribunal:

September 21, 2006

Composition of Tribunal

President:

Pierre-Marie DUPUY (French) - Appointed by the Parties
Arbitrators:

Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
Domingo BELLO JANEIRO (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Kelly Drye & Warren, New York, NY, U.S.A.
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 22, 2012 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Charles N. Brower and a separate opinion by arbitrator Domingo Bello Janeiro.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

December 27, 2012 (Claimant(s))
Date of Constitution of ad hoc Committee:

March 7, 2013

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

President:

Eduardo ZULETA (Colombian)
Members:

Florentino P. FELICIANO (Philippine)
Makhdoom Ali KHAN (Pakistani)

Party Representatives

Claimant(s):

Arnold & Porter, Washington, DC, U.S.A.
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 7, 2015 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award - English (Original) (August 22, 2012)

Dissenting Opinion of Judge Charles N. Brower - English (Original) (August 15, 2012)

Opinion of Professor Domingo Bello Janeiro - English (Original) (August 16, 2012)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (January 7, 2015) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
January 14, 2005	The Secretary-General registers a request for the institution of arbitration proceedings.
September 21, 2006	The Tribunal is constituted. Its members are: Pierre-Marie Dupuy (French), President; Domingo Bello Janeiro (Spanish); and Charles N. Brower (U.S.).
January 27, 2007	The Tribunal holds its first session in Paris.
August 10, 2007	The Claimant files a memorial on the merits.
October 11, 2007	The Claimant files a request for production of documents.
October 26, 2007	The Respondent files observations on the Claimant’s request for production of documents.
November 16, 2007	The Tribunal issues a procedural order concerning the production of documents.
January 4, 2008	The Respondent files a memorial on jurisdiction.
January 16, 2008	Following the Respondent’s objections to jurisdiction, the proceeding on the merits is suspended.
March 17, 2008	The Claimant files a counter-memorial on jurisdiction.
May 5, 2008	The Respondent files a reply on jurisdiction.
June 9, 2008	The Claimant files a rejoinder on jurisdiction.
July 16, 2008	The Tribunal issues a procedural order concerning the hearing on jurisdiction.
August 27, 2008	The Tribunal issues a procedural order joining the objections to jurisdiction to the merits.
September 8, 2008	The Respondent files a request for production of documents.
September 18, 2008	The Claimant files observations on the Respondent’s request for production of documents.
September 25, 2008	The Respondent files a reply on production of documents.
October 9, 2008	The Claimant files a rejoinder on production of documents.
October 14, 2008	The Respondent files observations on the Claimant’s rejoinder on production of documents.
November 6, 2008	The Tribunal issues a procedural order concerning production of documents.
November 17, 2008	The Respondent files further observations on the Claimant’s rejoinder on production of documents, as requested by the Tribunal in its procedural order of November 6, 2008.
December 15, 2008	The Claimant files a request for confidentiality and production of documents.
December 19, 2008	The Tribunal issues a further procedural order concerning production of documents.
December 19, 2008	The Tribunal issues a further procedural order concerning confidentiality and production of documents.
January 30, 2009	The Tribunal issues a further procedural order concerning confidentiality and production of documents.
February 3, 2009	The Claimant produces documents as requested in the Tribunal’s procedural order of January 30, 2009.
February 26, 2009	The Respondent files observations on the documents produced by the Claimant on February 3, 2009.
March 6, 2009	The Claimant files a response to the Respondent’s observations of February 26, 2009.
March 10, 2009 - March 27, 2009	The parties file observations on the documents produced by the Claimant on February 3, 2009.
April 17, 2009	The Respondent files a counter-memorial on the merits.
August 3, 2009	The Claimant files a reply on the merits.
October 27, 2009	The Respondent files a rejoinder on the merits.
November 30, 2009 - December 7, 2009	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
March 29, 2010	The Respondent files a post-hearing brief.
March 30, 2010	The Claimant files a post-hearing brief.
September 28, 2010	The Respondent files a post-hearing supplemental submission.
September 29, 2010	The Claimant files a post-hearing supplemental submission.
August 22, 2012	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Charles N. Brower and a separate opinion by arbitrator Domingo Bello Janeiro.

(b) Annulment Proceeding

Date	Development
December 27, 2012	The Secretary-General registers an application for partial annulment of the award filed by Daimler Financial Services AG.
March 7, 2013	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are Eduardo Zuleta (Colombian), President; Florentino P. Feliciano (Philippine); and Makhdoom Ali Khan (Pakistani); all members appointed by the Chairman of the Administrative Council.
May 2, 2013	The ad hoc Committee holds a first session by telephone conference.
July 31, 2013	Daimler Financial Services AG files a memorial on annulment.
November 18, 2013	The Argentine Republic files a counter-memorial on annulment.
January 23, 2014	Daimler Financial Services AG files a reply on annulment.
April 7, 2014	The Argentine Republic files a rejoinder on annulment.
July 14, 2014 - July 15, 2014	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
December 5, 2014	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
January 7, 2015	The ad hoc Committee issues its decision on annulment.