Case Details

SGS Société Générale de Surveillance S.A. v. Republic of Paraguay (ICSID Case No. ARB/07/29)

Subject of Dispute:

Service agreement
Economic Sector:

Services & Trade
Instrument(s) Invoked:

BIT Switzerland - Paraguay 1992
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

SGS Société Générale de Surveillance S.A. (Swiss)
Respondent(s):

Republic of Paraguay (Paraguayan)
Date Registered:

November 19, 2007
Date of Constitution of Tribunal:

May 27, 2008

Composition of Tribunal

President:

Stanimir A. ALEXANDROV (Bulgarian) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Donald DONOVAN (U.S.) - Appointed by the Claimant(s)
Pablo GARCÍA MEXÍA (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

White & Case, New York, NY, U.S.A.
Respondent(s):

Venable, New York, NY, U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 10, 2012 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

June 8, 2012 (Respondent(s))
Date of Constitution of ad hoc Committee:

July 27, 2012

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Rodrigo OREAMUNO (Costa Rican)
Members:

Abdulqawi Ahmed YUSUF (Somali)
Eduardo ZULETA (Colombian)

Initial Composition of Tribunal

President:

Rodrigo OREAMUNO (Costa Rican)
Arbitrators:

Salim MOOLLAN (French, Mauritian)
Eduardo ZULETA (Colombian)
Reconstituted:

November 29, 2012: Abdulqawi Ahmed YUSUF (Somali) appointed following the resignation of Salim MOOLLAN (French ,Mauritian)

Party Representatives

Claimant(s):

White & Case, New York, NY, U.S.A.
Respondent(s):

Venable, New York, NY, U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 19, 2014 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Award of the Tribunal

Available on the ICSID Website

Decision on Jurisdiction (February 12, 2010) English (Original); Spanish (Original)

Award of the Tribunal (February 10, 2012) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the termination of the stay of enforcement of the award - English (Original) (March 22, 2013)

Decision on Annulment - English (Original) (May 19, 2014)

(a) Original Proceeding

Date	Development
November 19, 2007	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
February 15, 2008	Following appointment by the Claimant, Donald F. Donovan (U.S.A) accepts his appointment as arbitrator.
April 8, 2008	Following appointment by the Respondent, Pablo García Mexía (Spanish) accepts his appointment as arbitrator.
May 23, 2008	Following appointment by the parties Stanimir A. Alexandrov (Bulgarian) accepts his appointment as presiding arbitrator.
May 27, 2008	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Stanimir A. Alexandrov (Bulgarian), President, appointed by agreement of the parties; Donald F. Donovan (U.S.A), appointed by the Claimant; and Pablo García Mexía (Spanish), appointed by the Respondent.
June 30, 2008	The Tribunal holds a first session in Washington, D.C.
September 22, 2008	The Claimant files a counter-memorial on jurisdiction.
December 29, 2008	The Respondent files a reply on jurisdiction.
March 9, 2009	The Claimant files a rejoinder on jurisdiction.
April 6, 2009	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
July 3, 2009	The Respondent files a post-hearing brief.
July 23, 2009	The Claimant files a reply post-hearing brief.
February 12, 2010	The Tribunal issues a decision on jurisdiction.
May 31, 2010	The Claimant files a memorial on the merits.
November 1, 2010	The Respondent files a counter-memorial on the merits.
January 25, 2011	The Claimant files a request for production of documents.
February 1, 2011	The Respondent files observations on the Claimant’s request of January 25, 2011.
February 14, 2011	The Tribunal issues a decision on production of documents.
February 24, 2011	The Respondent files a request for production of documents.
February 28, 2011	The Claimant files a reply on the merits.
March 4, 2011	The Claimant files observations on the Respondent’s request of February 24, 2011.
March 8, 2011	The Tribunal issues a decision on production of documents.
April 1, 2011	The Respondent files a rejoinder on the merits.
April 4, 2011 - April 5, 2011	The Tribunal holds a hearing on the merits in Washington, D.C.
July 1, 2011	The parties file statements of costs.
January 24, 2012	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
February 10, 2012	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
June 8, 2012	The Secretary-General registers an application for annulment of the award filed by the Republic of Paraguay, and notifies the parties of the provisional stay of enforcement of the award.
June 25, 2012	SGS Société Générale de Surveillance S.A. files a request to terminate the stay of enforcement of the award.
July 27, 2012	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Rodrigo Oreamuno (Costa Rican), President; Salim Moollan (Mauritian/French) and Eduardo Zuleta (Colombian); all members appointed by the Chairman of the Administrative Council.
August 14, 2012	The Republic of Paraguay files observations on SGS' request to terminate the stay of enforcement of the award.
August 20, 2012	SGS Société Générale de Surveillance S.A. files a response to the Republic of Paraguay's observations of August 14, 2012.
October 29, 2012	The ad hoc Committee holds a first session by telephone conference.
November 7, 2012	Each party files further observations on SGS Société Générale de Surveillance S.A. request to terminate the stay of enforcement of the award.
November 14, 2012	Following the resignation of ad hoc Committee member Salim Moollan, the Secretary-General notifies the parties of the vacancy on the ad hoc Committee and the proceeding is suspended pursuant to ICSID Arbitration Rules 53 and 10(2).
November 29, 2012	The ad hoc Committee is reconstituted. Its members are: Rodrigo Oreamuno (Costa Rica), President; Abdulqawi Ahmed Yusuf (Somali), and Eduardo Zuleta (Colombia); all members appointed by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 12.
January 4, 2013	The Republic of Paraguay files a memorial on annulment.
January 15, 2013	SGS Société Générale de Surveillance S.A. files a further request to terminate the stay of enforcement of the award.
January 17, 2013	SGS Société Générale de Surveillance S.A. files a request for provisional measures.
January 24, 2013	The Republic of Paraguay files observations on SGS' request for provisional measures.
January 25, 2013	SGS Société Générale de Surveillance S.A. withdraws its request for provisional measures.
March 8, 2013	SGS Société Générale de Surveillance S.A. files a counter-memorial on annulment.
March 22, 2013	The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award.
November 1, 2013	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
March 26, 2014	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
May 19, 2014	The ad hoc Committee issues its decision on annulment.