Case Details

Nations Energy, Inc. and others v. Republic of Panama (ICSID Case No. ARB/06/19)

Proceeding Materials Procedural Details

  • Electricity power generation project
  • Electric Power & Other Energy
  • BIT United States of America - Panama 1982
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Electric Machinery Enterprises Inc. (U.S.), Jaime Jurado (U.S.), Nations Energy, Inc. (U.S.)
    • Republic of Panama (Panamanian)
    • December 11, 2006
    • November 28, 2007

      Composition of Tribunal

    • Alexis MOURRE (French) - Appointed by Co-Arbitrators
    • José María CHILLÓN MEDINA (Spanish) - Appointed by the Claimant(s)
      Claus VON WOBESER (Mexican) - Appointed by the Respondent(s)

      Party Representatives

    • Carlton Fields, P.A., Orlando, FL, U.S.A.
      Katz & López, Panama City, Panama
      Law Offices of George Muñoz, Arlington, VA, U.S.A.
    • Arnold & Porter, Washington, D.C., U.S.A.
      Procuraduría General de la Nación, Panama City, Panama
    • Spanish
    • Concluded
    • November 24, 2010 - The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.

    (b) Annulment Proceeding

    • Claimant(s)
    • April 1, 2011 (Claimant(s))
    • May 9, 2011

      Party Representatives

    • Carlton Fields, P.A., Orlando, FL, U.S.A.
      Christian de La Medina, Veracruz, Mexico
      Moarbes, Beirut, Lebanon
    • Arnold & Porter, Washington, D.C., U.S.A.
    • Spanish
    • Concluded
    • June 15, 2012 - The ad hoc Committee issues a procedural order for the discontinuance the proceeding for lack of payment of the required advances, pursuant to Administrative and Financial Regulation 14(3)(d) and (e).

(a) Original Proceeding

Date Development
December 11, 2006 The Secretary-General registers a request for the institution of arbitration proceedings.
November 28, 2007 The Tribunal is constituted. Its members are: Alexis Mourre (French), President; Jose Maria Chillón Medina (Spanish); and Claus von Wobeser (Mexican).
April 14, 2008 The Tribunal holds a first session in Washington, D.C.
August 14, 2008 The Claimants file a memorial on the merits.
August 29, 2008 The Respondent files a request to join the objections to jurisdiction to the merits.
September 15, 2008 The Claimants file observations on the Respondent's request to join the objections to jurisdiction to the merits.
September 17, 2008 The Tribunal decides on the Respondent's request to join the objections to jurisdiction to the merits in summary form.
September 22, 2008 The Tribunal issues a detailed procedural order concerning the Respondent's request to join the objections to jurisdiction to the merits.
December 15, 2008 The Respondent files objections to jurisdiction and a counter-memorial on the merits.
April 30, 2009 The Claimants file a reply on the merits.
July 2, 2009 The Respondent files a request for production of documents.
July 7, 2009 The Tribunal issues a procedural order concerning the production of documents and the procedural calendar.
July 8, 2009 The Respondent files a request concerning the admissibility of certain documents produced by the Claimants.
July 17, 2009 The Claimants file observations on the Respondent's request concerning the admissibility of certain documents produced by the Claimants.
The Respondent files a response to the Claimants' observations.
July 21, 2009 The Tribunal decides on the procedural calendar.
July 27, 2009 The Tribunal decides on the admissibility of certain documents produced by the Claimants.
August 31, 2009 The Respondent files a rejoinder on the merits.
October 19, 2009 The Tribunal issues a procedural order concerning examination of witnesses.
December 17, 2009 The Tribunal issues a procedural order concerning rules of procedure and procedural calendar.
March 11, 2010 The Claimants file a request for production of documents.
March 18, 2010 The Respondent files observations on the Claimants’ request for production of documents.
March 23, 2010 The Tribunal decides on the Claimants' request for production of documents.
March 24, 2010 The Tribunal holds a pre-hearing conference with the parties by telephone.
April 14, 2010 - April 21, 2010 The Tribunal holds a hearing on the merits in Washington, D.C.
June 28, 2010 The parties file post-hearing briefs.
July 12, 2010 Each party files a statement of costs.
July 13, 2010 The Claimants file observations on the Respondent's statement of costs.
July 15, 2010 The Respondent files a response to the Claimants' observations of July 13, 2010.
September 13, 2010 The Tribunal declares the proceeding closed.
November 24, 2010 The Tribunal renders its award; attached to the award is a dissenting opinion by one of the arbitrators.

(b) Annulment Proceeding

Date Development
April 1, 2011 The Secretary-General registers an application for the institution of annulment proceedings.
May 9, 2011 The ad hoc Committee is constituted. Its members are: Stanimir A. Alexandrov (Bulgarian), President; Jaime C. Irarrazabal (Chilean); and Fernando Mantilla-Serrano (Colombian).
May 12, 2011 The Republic of Panama files a request on provisional measures.
May 14, 2011 Nations Energy, Inc. and others file a proposal for disqualification of two members of the ad hoc Committee; the proceeding is suspended.
May 18, 2011 Following the resignation of ad hoc Committee member Fernando Mantilla-Serrano, the Centre notifies the parties of a vacancy on the ad hoc Committee; the proceeding remains suspended.
May 23, 2011 The Republic of Panama files observations on the proposal for disqualification.
June 2, 2011 The ad hoc Committee is reconstituted. Its members are: Stanimir A. Alexandrov (Bulgarian), President; Enrique Gomez-Pinzon (Colombian), and Jaime Irarrazabal C. (Chilean). The proceeding remains suspended.
June 3, 2011 Nations Energy, Inc. and others file a response to the Republic of Panama’s observations on the proposal for disqualification.
June 9, 2011 The Republic of Panama files observations on the applicants’ response of June 3, 2011.
June 16, 2011 One of the ad hoc Committee members furnishes explanations in regard to the proposal for disqualification.
June 24, 2011 The parties file further observations on the proposal for disqualification.
September 7, 2011 The proposal for disqualification of an arbitrator is declined; the proceeding is resumed.
September 22, 2011 Nations Energy, Inc. and others file observations on the Republic of Panama’s request for provisional measures.
September 29, 2011 The Republic of Panama files a response to Nations Energy, Inc. and others’ observations of September 22, 2011.
October 6, 2011 Nations Energy, Inc. and others file a reply on provisional measures.
November 9, 2011 The Secretary-General moves that the Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
November 21, 2011 The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
May 17, 2012 The ad hoc Committee issues a procedural order concerning the allocation of the costs of the proceeding.
June 15, 2012 The ad hoc Committee issues a procedural order for the discontinuance the proceeding for lack of payment of the required advances, pursuant to Administrative and Financial Regulation 14(3)(d) and (e).
June 15, 2012 The Secretary-General moves that the ad hoc Committee discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).