Case Details

Asset Recovery Trust S.A. v. Argentine Republic (ICSID Case No. ARB/05/11)

Subject of Dispute:

Collection contract
Economic Sector:

Finance
Instrument(s) Invoked:

BIT United States of America - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Asset Recovery Trust S.A. (Argentine)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

June 23, 2005
Date of Constitution of Tribunal:

March 24, 2006

Composition of Tribunal

President:

Jaime C. IRARRÁZABAL (Chilean) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Ernesto CANALES SANTOS (Mexican) - Appointed by the Claimant(s)
Antonio A. CANÇADO TRINDADE (Brazilian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Cassagne Abogados, Buenos Aires, Argentina
Respondent(s):

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

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 27, 2012 - The Tribunal issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).

No References Available.

(a) Original Proceeding

Date	Development
June 23, 2005	The Secretary-General registers a request for the institution of arbitration proceedings.
March 24, 2006	The Tribunal is constituted. Its members are: Jaime Irarrázabal Covarrubias (Chilean), President; Ernesto Canales Santos (Mexican); and A.A. Cançado Trindade (Brazilian).
May 19, 2006	The proceeding is suspended following a proposal for disqualification of one of the arbitrators pursuant to ICSID Arbitration Rule 9(6).
June 7, 2006	The Claimant files observations on the proposal for disqualification.
July 5, 2006	The Respondent files observations on the proposal for disqualification of an arbitrator.
November 27, 2006	The proposal for disqualification of an arbitrator is declined and the proceeding is resumed in accordance with ICSID Arbitration Rule 9(6).
March 2, 2007	The Tribunal holds its first session in Buenos Aires.
July 18, 2007	The proceeding is suspended pursuant to the parties’ agreement.
November 7, 2007	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
February 13, 2008	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
May 21, 2008	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
October 17, 2008	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
October 24, 2008	The suspension of the proceeding is further extended, pursuant to the parties’ agreement.
January 15, 2009	The Claimant files a memorial on the merits.
May 1, 2009	The Respondent files a memorial on jurisdiction.
July 13, 2009	The Claimant files a counter-memorial on jurisdiction.
October 9, 2009	The Respondent files a reply on jurisdiction.
November 16, 2009	The Claimant files a rejoinder on jurisdiction.
October 25, 2010 - October 26, 2010	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
December 7, 2010	The Claimant files post-hearing briefs.
January 6, 2011	The Respondent files post-hearing briefs.
February 10, 2011	The Claimant files a reply post-hearing brief.
March 2, 2011	The Respondent files a reply post-hearing brief.
May 1, 2012	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
May 4, 2012	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
November 27, 2012	The Tribunal issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).