Case Details
Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. Argentine Republic (ICSID Case No. ARB/07/26)
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Water services concession
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Water, Sanitation & Flood Protection
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BIT Spain - Argentina 1991
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ICSID Convention - Arbitration Rules
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Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa (Spanish), Urbaser S.A. (Spanish)
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Argentine Republic (Argentine)
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October 1, 2007
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October 16, 2009
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Andreas BUCHER (Swiss) - Appointed by the Chairman of the Administrative Council
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Campbell Alan MC LACHLAN (New Zealand) - Appointed by the Respondent(s)
Pedro J. MARTINEZ-FRAGA (U.S.) - Appointed by the Claimant(s) -
Andreas BUCHER (Swiss)
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Ian BROWNLIE (British)
Pedro J. MARTINEZ-FRAGA (U.S.) -
March 8, 2010: Campbell Alan MC LACHLAN (New Zealand) appointed following the passing away of Ian BROWNLIE (British)
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Jones Day, Madrid, Spain
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Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
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English,Spanish
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Concluded
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December 8, 2016 - The Tribunal renders its award.
(a) Original Proceeding
Composition of Tribunal
Initial Composition of Tribunal
Party Representatives
(a) Original Proceeding
Published Decisions
Decision on Claimants’ Proposal to Disqualify an Arbitrator
Award
Available on the ICSID Website
Decision on Claimants’ Proposal to Disqualify an Arbitrator (August 12, 2010) English (Original); Spanish (Original)
Award (December 8, 2016) English (Original); Spanish (Original)
(a) Original Proceeding
Date | Development |
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October 1, 2007 | The Secretary-General registers a request for the institution of arbitration proceedings. |
October 30, 2008 | Following appointment by the Claimants, Pedro Martínez-Fraga (U.S.) accepts his appointment as arbitrator. |
February 25, 2009 | Following appointment by the Respondent, Ian Brownlie (British) accepts his appointment as arbitrator. |
October 16, 2009 | Following appointment by the Chairman of the Administrative Council, Andreas Bucher (Swiss) accepts his appointment as presiding arbitrator. The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Andreas Bucher (Swiss), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Pedro Martínez-Fraga (U.S.), appointed by the Claimants; and Ian Brownlie (British), appointed by the Respondent. |
January 4, 2010 | Following the passing away of Ian Brownlie, the Secretary General notifies the parties of the vacancy on the Tribunal and the proceeding is suspended pursuant to ICSID Arbitration Rule 10(2). |
March 7, 2010 | Following the passing away of arbitrator Ian Brownlie, Campbell McLachlan (New Zealand) accepts his appointment as arbitrator, appointed by Respondent in accordance with ICSID Arbitration Rule 11(1). |
March 8, 2010 | The Tribunal is reconstituted. Its members are: Andreas Bucher (Swiss), President, appointed by the Chairman of the Administrative Council; Pedro Martínez-Fraga (U.S.), appointed by the Claimants; and Campbell McLachlan (New Zealand) appointed by the Respondent in accordance with ICSID Arbitration Rule 11(1). The proceeding is resumed pursuant to ICSID Arbitration Rule 12. |
March 18, 2010 | The Claimants file a proposal for disqualification of an arbitrator; the proceeding is suspended. |
April 16, 2010 | The Respondent files a response to the Claimants’ proposal for disqualification of an arbitrator. |
May 5, 2010 | The arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9 (3). |
August 12, 2010 | The proposal for disqualification of an arbitrator is declined; the proceeding is resumed. |
January 27, 2011 | The Claimants file a memorial on the merits. |
April 12, 2011 | The Respondent files a memorial on jurisdiction. |
June 22, 2011 | The Claimants file a counter-memorial on jurisdiction. |
July 27, 2011 | The Respondent files a request for production of documents. |
August 3, 2011 | The Claimants file observations on the Respondent’s request for production of documents. |
August 5, 2011 | The Respondent files a response to the Claimants’ observations of August 3, 2011. |
August 11, 2011 | The Claimants file further observations on the Respondent’s request for production of documents. |
August 15, 2011 | The Respondent files a reply on jurisdiction. |
September 29, 2011 | The Claimants file a rejoinder on jurisdiction. |
November 14, 2011 | The Tribunal issues a procedural order concerning production of documents. |
February 6, 2012 - February 8, 2012 | The Tribunal holds a hearing on jurisdiction in Paris. |
February 8, 2012 | The Tribunal poses questions to the parties. |
March 20, 2012 | Each party files answers to the questions posed by the Tribunal on February 8, 2012. |
August 24, 2012 | Each party files a statement of costs. |
December 19, 2012 | The Tribunal issues a decision on jurisdiction. |
May 29, 2013 | The Respondent files a counter-memorial on the merits, including counter-claims. |
November 15, 2013 | The Claimants file a reply on the merits, and a counter-memorial on the counter-claims. |
March 26, 2014 | The Respondent files a rejoinder on the merits, and a reply on the counter-claims. |
November 24, 2014 - December 4, 2014 | The Tribunal holds a hearing on the merits and the counter-claims in Paris. |
March 31, 2015 | Each party files a post-hearing brief. |
February 29, 2016 | Each party files a statement of costs. |
August 17, 2016 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
December 8, 2016 | The Tribunal renders its award. |