Case Details

Quiborax S.A. and Non-Metallic Minerals S.A. v. Plurinational State of Bolivia (ICSID Case No. ARB/06/2)

Proceeding Materials Procedural Details

  • Mining concession
  • Oil, Gas & Mining
  • BIT Bolivia - Chile 1994
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Allan Fosk (Chilean), Non-Metallic Minerals S.A. (Bolivian), Quiborax S.A. (Chilean)
    • Plurinational State of Bolivia (Bolivian)
    • February 6, 2006
    • December 19, 2007

      Composition of Tribunal

    • Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Chairman of the Administrative Council
    • Marc LALONDE (Canadian) - Appointed by the Claimant(s)
      Brigitte STERN (French) - Appointed by the Respondent(s)

      Party Representatives

    • Bofill Mir & Alvarez Jana, Santiago, Chile
    • Ministerio para la Defensa Legal del Estado, La Paz, Bolivia
      Gomm & Smith, Miami, FL, U.S.A.
    • English,Spanish
    • Concluded
    • September 16, 2015 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Brigitte Stern.

    (b) Annulment Proceeding

    • Respondent(s)
    • September 23, 2015 (Respondent(s))
    • December 14, 2015

      Party Representatives

    • Procuradoría General del Estado, La Paz, Bolivia
    • Bofill Mir & Álvarez Jana, Santiago, Chile
    • Spanish
    • Concluded
    • May 18, 2018 - The ad hoc Committee issues its decision on the application for annulment.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Available on the ICSID Website

Decision on Jurisdiction (September 27, 2012) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decisión sobre la Solicitud para poner Término a la Suspensión Provisional de la Ejecución del Laudo

Procedural Order No. 1

Procedural Order No. 2

Decision on Annulment

Available on the ICSID Website

Decisión sobre la Solicitud para poner Término a la Suspensión Provisional de la Ejecución del Laudo (February 21, 2017) Spanish (Original)

Procedural Order No. 1 (June 30, 2016) Spanish (Original)

Procedural Order No. 2 (June 13, 2017) Spanish (Original)

Decision on Annulment (May 18, 2018) Spanish (Original)

(a) Original Proceeding

Date Development
February 6, 2006 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 19, 2007 The Tribunal is constituted. Its members are: Gabrielle Kaufmann-Kohler (Swiss), President; Marc Lalonde (Canadian); and Brigitte Stern (French).
March 20, 2008 The Tribunal holds a first session in Paris.
June 13, 2008 The proceeding is suspended pursuant to the parties’ agreement.
July 14, 2008 The suspension of the proceeding is further extended, pursuant to the parties' agreement.
March 5, 2009 The Tribunal issues a procedural order concerning the procedural calendar.
August 31, 2009 Química e Industrial del Bórax Ltda informs the Tribunal of a change in its corporate name to Quiborax S.A.
September 14, 2009 The Claimants file a memorial on the merits.
September 15, 2009 The Claimants file a request for provisional measures.
October 2, 2009 The Claimants file a further request for provisional measures.
October 5, 2009 The Respondent files observations on the Claimants' further request for provisional measures.
The Tribunal issues a decision on the Claimants' further request for provisional measures.
October 14, 2009 The Respondent files further observations on the Claimants' further request for provisional measures.
October 21, 2009 The Claimants file a response to the Respondent’s observations of October 14, 2009.
October 29, 2009 The Respondent files further observations on the Claimants' further request for provisional measures.
November 24, 2009 The Tribunal holds a hearing on provisional measures by telephone conference.
February 26, 2010 The Tribunal issues a decision on provisional measures.
March 18, 2010 The Tribunal decides on the procedural calendar.
April 7, 2010 The Respondent files a proposal for disqualification of the three members of the Tribunal. The proceeding is suspended.
April 19, 2010 The Claimants file observations on the Respondent’s proposal for disqualification of the three members of the Tribunal.
May 3, 2010 The Respondent files a response to the Claimants' observations of April 19, 2010.
July 6, 2010 The proposal for disqualification of the three members of the Tribunal is declined; the proceeding is resumed.
July 12, 2010 The Respondent files a request for production of documents.
July 19, 2010 The Claimants file observations on the Respondent’s request for production of documents.
July 26, 2010 The Tribunal issues a procedural order concerning production of documents.
July 30, 2010 The Respondent files objections to jurisdiction.
October 29, 2010 The Claimants file a counter-memorial on jurisdiction.
January 13, 2011 The Respondent files a reply on jurisdiction.
The Respondent files a request for production of original documents for inspection.
January 25, 2011 The Claimants file observations on the Respondent’s request for production of original documents for inspection.
February 4, 2011 The Respondent files a response to the Claimants’ observations of January 25, 2011.
February 8, 2011 The Tribunal issues a procedural order concerning production of original documents for inspection.
March 10, 2011 The Tribunal issues a procedural order concerning the logistics of the document inspection.
March 21, 2011 The parties conduct a document inspection in Paris.
April 1, 2011 The Claimants file a rejoinder on jurisdiction.
April 12, 2011 The Tribunal holds a pre-hearing conference with the parties by telephone.
April 14, 2011 The Tribunal issues a procedural order concerning the procedural calendar.
April 26, 2011 The Tribunal issues a procedural order concerning the admissibility of evidence and the organization of the hearing on jurisdiction.
May 2, 2011 The Tribunal issues a procedural order concerning the organization of the hearing on jurisdiction.
May 12, 2011 - May 13, 2011 The Tribunal holds a hearing on jurisdiction in Paris.
May 19, 2011 The Tribunal issues a procedural order concerning post-hearing matters.
May 27, 2011 The Claimants file a request for the Tribunal to rule on the legality of the Respondent's conduct in the arbitration.

The Claimants file a further submission for the Tribunal to rule on the legality of the Respondent's conduct in the arbitration.
June 10, 2011 The Respondent files observations on the Claimants’ request of May 27, 2011.
September 27, 2012 The Tribunal issues a decision on jurisdiction.
November 9, 2012 The Tribunal issues a procedural order concerning the procedural calendar.
March 21, 2013 The Tribunal decides on the procedural calendar.
April 5, 2013 The Tribunal decides on the procedural calendar.
May 10, 2013 The Respondent files a counter-memorial on the merits.
August 14, 2013 The Claimants file a reply on the merits.
October 7, 2013 The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
October 11, 2013 The Respondent files a rejoinder on the merits.
October 28, 2013 - October 30, 2013 The Tribunal holds a hearing on the merits in Paris.
January 10, 2014 The Claimants file a statement of costs.
January 31, 2014 The Respondent files a statement of costs.
February 10, 2014 The Respondent files observations on the Claimants' statement of costs.
February 13, 2014 The Claimants file a response to the Respondent's observations of February 10, 2014.
August 17, 2015 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
September 16, 2015 The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Brigitte Stern.

(b) Annulment Proceeding

Date Development
September 23, 2015 The Secretary-General registers an application for annulment of the award filed by the Plurinational State of Bolivia, and notifies the parties of the provisional stay of enforcement of the award.
December 14, 2015 The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Rigo Sureda (Spanish), President; Milton Argueta Pinto (Guatemalan); and Christer Söderlund (Swedish); all members appointed by the Chairman of the Administrative Council.
April 11, 2016 The proceeding is suspended until June 5, 2016, pursuant to the parties’ agreement.
June 21, 2016 The ad hoc Committee holds a first session by telephone conference.
June 30, 2016 The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
November 28, 2016 The Plurinational State of Bolivia files a memorial on annulment.
December 6, 2016 Quiborax S.A. and Non-Metallic Minerals S.A. file a request to terminate the stay of enforcement of the award.
January 22, 2017 The Plurinational State of Bolivia files observations on Quiborax S.A. and Non-Metallic Minerals S.A.’s request to terminate the stay of enforcement of the award.
February 21, 2017 The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
February 27, 2017 Quiborax S.A. and Non-Metallic Minerals S.A. file a counter-memorial on annulment.
April 28, 2017 The Plurinational State of Bolivia files a reply on annulment.
June 12, 2017 The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
June 13, 2017 The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
June 27, 2017 Quiborax S.A. and Non-Metallic Minerals S.A. file a rejoinder on annulment.
July 6, 2017 The proceeding is suspended until September 6, 2017, pursuant to the parties’ agreement.
December 18, 2017 - December 19, 2017

The ad hoc Committee holds a hearing on annulment in Washington D.C.
January 3, 2018

The Plurinational State of Bolivia files a post-hearing brief.
January 17, 2018

Quiborax S.A. and Non-Metallic Minerals S.A. file a post-hearing brief.
February 20, 2018

Each party files a statement of costs.
March 14, 2018

The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
May 18, 2018

The ad hoc Committee issues its decision on the application for annulment.