Case Details
Railroad Development Corporation v. Republic of Guatemala (ICSID Case No. ARB/07/23)
-
Railroad concession contract
-
Transportation
-
CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
-
ICSID Convention - Arbitration Rules
-
Railroad Development Corporation (U.S.)
-
Republic of Guatemala (Guatemalan)
-
August 20, 2007
-
April 14, 2008
-
Andrés RIGO SUREDA (Spanish) - Appointed by the Secretary-General
-
Stuart E. EIZENSTAT (U.S.) - Appointed by the Claimant(s)
James R. CRAWFORD (Australian) - Appointed by the Respondent(s) -
Díaz-Durán & Asociados Central Law, Guatemala City, Guatemala
Greenberg Traurig, Washington, D.C., U.S.A. -
Arnold & Porter, Washington, D.C., U.S.A.
Procuraduría General de la Nación, Ministerio de Economía, Guatemala City, Guatemala -
English
-
Concluded
-
June 29, 2012 - The Tribunal renders its award.
-
Claimant(s)
-
August 20, 2012 (Claimant(s))
-
Díaz-Durán & Asociados Central Law, Guatemala City, Guatemala
Greenberg Traurig, Washington, D.C., U.S.A. -
Arnold & Porter, Washington, D.C., U.S.A.
Procuraduría General de la Nación, Ministerio de Economía, Guatemala City, Guatemala -
English
-
Concluded
-
January 18, 2013 - The Tribunal issues its decision on the request for a supplementary decision and rectification; attached to the decision is a partial dissenting opinion by arbitrator Stuart E. Eizenstat.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Rectification and Supplementary Decision Proceeding
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Provisional Measures
Decision on Objection to Jurisdiction
Second Decision on Objections to Jurisdiction
Decision on Clarification Request of the Decision on Jurisdiction
Award
Available on the ICSID Website
Decision on Provisional Measures (October 15, 2008) English (Original)
Decision on Objection to Jurisdiction (November 17, 2008) English (Original)
Second Decision on Objections to Jurisdiction (May 18, 2010) English (Original)
Decision on Clarification Request of the Decision on Jurisdiction (January 13, 2009) English (Original)
Award (June 29, 2012) English (Original)
(b) Rectification and Supplementary Decision Proceeding
Published Decisions
Decision on the Request for a Supplementary Decision and Rectification and Partial Dissenting Opinion by Stuart E. Eizenstat
Available on the ICSID Website
Decision on the Request for a Supplementary Decision and Rectification and Partial Dissenting Opinion by Stuart E. Eizenstat (January 18, 2013) English (Original)
(a) Original Proceeding
Date | Development |
---|---|
August 20, 2007 | The Secretary-General registers a request for the institution of arbitration proceedings. |
April 14, 2008 | The Tribunal is constituted. Its members are: Andrés Rigo Sureda (Spanish), President; Stuart E. Eizenstat (U.S.); and James R. Crawford (Australian). |
May 29, 2008 | The Respondent files preliminary objections. |
June 13, 2008 | The Tribunal holds a first session in Washington, D.C. |
July 11, 2008 | The Claimant files a counter-memorial on jurisdiction. |
August 11, 2008 | The Respondent files a reply on jurisdiction. |
September 11, 2008 | The Claimant files a rejoinder on jurisdiction. |
October 10, 2008 | The Tribunal holds a hearing on the Respondent's preliminary objections to jurisdiction in Washington, D.C. |
October 15, 2008 | The Tribunal issues a decision on provisional measures. |
November 17, 2008 | The Tribunal issues a decision on an objection to jurisdiction. |
December 12, 2008 | The Respondent files a request for clarification of the decision on an objection for jurisdiction. |
December 19, 2008 | The Claimant files observations on the Respondent's request for clarification of the decision on an objection to jurisdiction. |
January 6, 2009 | The Tribunal issues a procedural order concerning the procedural calendar. |
January 13, 2009 | The Tribunal issues a decision on the Respondent’s request for clarification of the decision on an objection to jurisdiction. |
June 26, 2009 | The Claimant files a memorial on the merits. |
July 24, 2009 | The Respondent files a request to address the objections to jurisdiction as a preliminary question. |
August 4, 2009 | The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question. |
August 10, 2009 | The Respondent files a response to the Claimant’s observations of August 4, 2009. |
August 14, 2009 | The Claimant files a response to the Respondent’s observations of August 10, 2009. |
August 24, 2009 | The Tribunal issues a procedural order concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question; as a result, the proceeding on the merits is suspended. |
September 24, 2009 | The Respondent files a memorial on jurisdiction. |
October 26, 2009 | The Claimant files a counter-memorial on jurisdiction. |
November 3, 2009 | The Tribunal issues a procedural order concerning the procedural calendar. |
December 1, 2009 | The Tribunal issues a procedural order concerning the organization of the hearing on jurisdiction. |
March 1, 2010 - March 3, 2010 | The Tribunal holds a further hearing on the Respondent's preliminary objections to jurisdiction in Washington, D.C. |
March 19, 2010 | The Republic of El Salvador files a written submission as a non-disputing Party pursuant to CAFTA Article 10.20.2. |
March 31, 2010 | The parties file post-hearing briefs and observations on the submission of the non-disputing party. |
May 18, 2010 | The Tribunal issues a further decision on objections to jurisdiction. |
June 7, 2010 | The Tribunal issues a procedural order concerning the procedural calendar. |
September 21, 2010 | The Respondent files a request concerning the admissibility of evidence. |
October 5, 2010 | The Respondent files a counter-memorial on the merits. |
October 8, 2010 | The Claimant files observations on the Respondent's request of September 21, 2010. |
October 15, 2010 | The Respondent files a response to the Claimant’s observations of October 8, 2010. |
October 20, 2010 | The Claimant files a reply on admissibility of evidence. |
October 28, 2010 | The Tribunal issues a procedural order concerning admissibility of evidence. |
December 21, 2010 | Each party files a request for production of documents. |
January 7, 2011 | Each party files observations on the other party’s request for production of documents. |
January 19, 2011 | The Claimant files a further request for production of documents. |
January 20, 2011 | The Tribunal issues a procedural order concerning production of documents and the procedural calendar. |
January 22, 2011 | The Respondent files a further request for production of documents. |
January 25, 2011 | The Respondent files observations on the Claimant’s request of January 19, 2011. |
January 27, 2011 | The Claimant files observations on the Respondent’s request of January 22, 2011. |
February 1, 2011 | The Tribunal issues a procedural order concerning production of documents. |
February 16, 2011 | The Respondent files a further request for production of documents. |
February 22, 2011 | The Claimant files observations on the Respondent's request of February 16, 2011. |
February 24, 2011 | The Tribunal issues a procedural order concerning production of documents. |
March 24, 2011 | The Claimant files a reply on the merits. |
October 12, 2011 | The Tribunal issues a procedural order concerning the organization of the hearing. |
October 21, 2011 | The Respondent files a rejoinder on the merits. |
December 8, 2011 - December 16, 2011 | The Tribunal holds a hearing on the merits in Washington, D.C. |
January 31, 2012 | The United States of America files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2. The Republic of El Salvador files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2. The Republic of Honduras requests an extension to file a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2. |
February 10, 2012 | The Republic of Honduras files a written submission as a non-disputing State Party pursuant to DR-CAFTA Article 10.20.2. |
February 24, 2012 | Each party files observations on the non-disputing parties' written submissions. |
April 25, 2012 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
June 29, 2012 | The Tribunal renders its award. |
(b) Rectification and Supplementary Decision Proceeding
Date | Development |
---|---|
August 20, 2012 | The Secretary-General registers a request for rectification and supplementation of the award filed by Railroad Development Corporation. |
September 13, 2012 | The Republic of Guatemala files observations on Railroad Development Corporation's request of August 20, 2012. |
September 26, 2012 | Railroad Development Corporation files a response to the Republic of Guatemala's observations of September 13, 2012. |
October 9, 2012 | The Republic of Guatemala files further observations on Railroad Development Corporation's request of September 26, 2012. |
January 18, 2013 | The Tribunal issues its decision on the request for a supplementary decision and rectification; attached to the decision is a partial dissenting opinion by arbitrator Stuart E. Eizenstat. |