Case Details

TSA Spectrum de Argentina, S.A. v. Argentine Republic (ICSID Case No. ARB/05/5)

Subject of Dispute:

Telecommunications concession
Economic Sector:

Information & Communication
Instrument(s) Invoked:

BIT Netherlands - Argentina 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

TSA Spectrum de Argentina S.A. (Argentine)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

April 8, 2005
Date of Constitution of Tribunal:

June 12, 2006

Composition of Tribunal

President:

Hans DANELIUS (Swedish) - Appointed by the Parties
Arbitrators:

Georges ABI-SAAB (Egyptian) - Appointed by the Respondent(s)
Grant D. ALDONAS (U.S.) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

King & Spalding, Houston, TX, U.S.A.
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 19, 2008 - The Tribunal renders its award; attached to the award is a dissenting opinion by one arbitrator, and a concurring opinion by another arbitrator.

No References Available.

(a) Original Proceeding

Date	Development
April 8, 2005	The Secretary-General registers a request for the institution of arbitration proceedings.
June 12, 2006	The Tribunal is constituted. Its members are: Hans Danelius (Swedish), President; Georges Abi-Saab (Egyptian); and Grant D. Aldonas (U.S.).
August 31, 2006	The Tribunal holds a first session in Washington, D.C.
January 29, 2007	The Claimant files a memorial on the merits.
May 17, 2007	The Respondent files a memorial on jurisdiction.
August 6, 2007	The Claimant files a counter-memorial on jurisdiction.
August 24, 2007	The Tribunal poses questions to the parties.
September 24, 2007	Each party files answers to the questions posed by the Tribunal on August 24, 2007.
October 15, 2007	The Tribunal issues Procedural Order No. 1 concerning production of documents, admissibility of new documents and the procedural calendar.
November 29, 2007	The Respondent files a request for the Tribunal to decide on production of documents.
December 4, 2007	The Claimant files observations on the Respondent’s request for the Tribunal to decide on production of documents.
December 6, 2007	The Tribunal issues Procedural Order No. 2 concerning production of documents.
December 26, 2007	The Respondent files a reply on jurisdiction.
January 31, 2008	The Claimant files a rejoinder on jurisdiction.
May 5, 2008 - May 7, 2008	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
December 19, 2008	The Tribunal renders its award; attached to the award is a dissenting opinion by one arbitrator, and a concurring opinion by another arbitrator.