Case Details

HOCHTIEF Aktiengesellschaft v. Argentine Republic (ICSID Case No. ARB/07/31)

Subject of Dispute:

Highway system construction contract
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Germany - Argentina 1991
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

HOCHTIEF Aktiengesellschaft (German)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

December 18, 2007
Date of Constitution of Tribunal:

April 30, 2009

Composition of Tribunal

President:

Vaughan LOWE (British) - Appointed by Co-Arbitrators
Arbitrators:

Charles N. BROWER (U.S.) - Appointed by the Claimant(s)
J. Christopher THOMAS (Canadian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Kelley Drye & Warren, New York, NY, U.S.A.
Respondent(s):

Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 21, 2016 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

April 25, 2017
Date of Constitution of ad hoc Committee:

August 2, 2017

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

President:

Azzedine KETTANI (Moroccan)
Members:

Geneviève BASTID BURDEAU (French)
Alexis MOURRE (French)

Party Representatives

Claimant(s):

Kelley Drye & Warren, New York, NY, U.S.A.
Respondent(s):

Procuración del Tesoro de la Nación, Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

August 9, 2021 - The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Separate and Dissenting Opinion

Decision on Liability

Award of the Tribunal (English;)

Available on the ICSID Website

Decision on Jurisdiction (October 24, 2011) English (Original); Spanish (Original)

Separate and Dissenting Opinion (October 24, 2011) English (Original); Spanish (Original)

Decision on Liability (December 29, 2014) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
December 18, 2007	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
April 24, 2008	Following appointment by the Claimant, Charles N. Brower (U.S.) accepts his appointment as arbitrator.
May 9, 2008	Following appointment by the Respondent, J. Christopher Thomas (Canadian) accepts his appointment as arbitrator.
April 30, 2009	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Vaughan Lowe (British), President, appointed by his co-arbitrators; Charles N. Brower (U.S.) appointed by the Claimant; and J. Christopher Thomas (Canadian), appointed by the Respondent.
April 30, 2009	Following appointment by the co-arbitrators, Vaughan Lowe (British), accepts his appointment as presiding arbitrator.
June 19, 2009	The Tribunal holds a procedural session with the parties by telephone conference.
April 16, 2010	The Tribunal holds a first session with the parties in Washington, D.C.
April 29, 2010	The Claimant files a memorial on the merits.
June 25, 2010	The Respondent files a request for production of documents.
July 21, 2010	The Claimant files observations on the Respondent's request for production of documents.
July 30, 2010	The Respondent files a memorial on jurisdiction.
October 15, 2010	The Claimant files a counter-memorial on jurisdiction.
November 2, 2010	The Tribunal decides to deal with the objections to jurisdiction as a preliminary question, and decides on the Respondent's request for production of documents.
December 22, 2010	The Respondent files a reply on jurisdiction.
February 10, 2011	The Claimant files a rejoinder on jurisdiction.
March 4, 2011 - March 5, 2011	The Tribunal holds a hearing on jurisdiction in Paris.
October 24, 2011	The Tribunal issues a decision on jurisdiction; attached to the decision is a dissenting opinion by arbitrator J. Christopher Thomas.
December 30, 2011	The Respondent renews its request of June 25, 2010 for the Tribunal to decide on production of documents, and files a response to the Claimant's observations of July 21, 2010.
January 12, 2012	The Claimant files a response to the Respondent's observations of December 30, 2011.
January 18, 2012	The Tribunal decides on production of documents.
January 31, 2012	The Respondent supplements its renewed request of December 30, 2011.
February 8, 2012	The Claimant files observations on the Respondent's renewed request for the Tribunal to decide on production of documents, as supplemented on January 31, 2012.
February 10, 2012	The Respondent further supplements its request for the Tribunal to decide on production of documents.
February 15, 2012	The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents as supplemented on February 10, 2012.
February 22, 2012	The Tribunal decides on production of documents.
March 7, 2012	The Respondent files a counter-memorial on the merits.
June 5, 2012	The Claimant files a reply on the merits.
July 20, 2012	The Respondent files a request for the Tribunal to decide on production of documents.
July 27, 2012	The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.
July 31, 2012	The Tribunal decides on production of documents.
August 17, 2012	The Respondent files a further request for the Tribunal to decide on production of documents.
August 21, 2012	The Claimant files observations on the Respondent's further request for the Tribunal to decide on production of documents.
August 27, 2012	The Respondent files a response to the Claimant's observations of August 21, 2012, and files a further request for the Tribunal to decide on production of documents.
August 30, 2012	The Claimant files a request for the Tribunal to decide on production of documents.
September 3, 2012	The Respondent files a rejoinder on the merits.
September 3, 2012	The Claimant files observations on the Respondent's further request of August 27, 2012.
September 4, 2012	The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents. The Tribunal decides on the Respondent's requests for production of documents of August 17, 2012 and August 27, 2012.
September 7, 2012	The Tribunal decides on production of documents.
September 19, 2012 - September 23, 2012	The Tribunal holds a hearing on the Merits in Paris (first week).
October 22, 2012 - October 27, 2012	The Tribunal holds a hearing on the merits in Paris (second week).
November 12, 2012	The Tribunal issues a procedural order concerning production of documents and the procedural calendar.
November 30, 2012	The Respondent files a request for the Tribunal to decide on production of documents.
December 14, 2012	The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.
January 7, 2013	The Tribunal decides on production of documents and issues directions to the parties concerning new evidence.
January 17, 2013	The Claimant files a request for the Tribunal to reconsider its decision of January 7, 2013.
January 29, 2013	The Respondent files observations on the Claimant's request of January 17, 2013.
February 1, 2013	Each party files new evidence.
February 12, 2013	The Claimant ratifies its request of January 17, 2013.
February 19, 2013	The Tribunal decides on production of documents, on the procedural calendar and poses questions to the parties.
March 6, 2013	The Claimant files a request for the Tribunal to decide on confidentiality of documents.
March 11, 2013	The Tribunal issues a procedural order concerning confidentiality of documents.
March 18, 2013	Each party files observations as requested by the Tribunal in its procedural order of March 11, 2013.
March 28, 2013	Each party files a post hearing brief.
April 11, 2013	The Respondent files a request for the exclusion of evidence.
April 23, 2013	The Claimant files observations on the Respondent’s request of April 11, 2013.
April 25, 2013	The Tribunal decides on exclusion of evidence.
May 6, 2013	Following a request by the Tribunal, the Claimant files further observations on the procedural order concerning confidentiality of documents.
May 7, 2013	Following a request by the Tribunal, the Respondent files further observations on the procedural order concerning confidentiality of documents.
May 10, 2013	The Claimant files additional observations on the procedural order concerning confidentiality of documents.
May 23, 2013	The Tribunal issues a procedural order concerning confidentiality of documents.
September 30, 2013	The Claimant files a submission on costs.
September 30, 2013	The Respondent files a statement of costs.
October 16, 2013	The Respondent files observations on the Claimant's submission on costs.
October 24, 2013	The Claimant files a response to the Respondent's observations of October 16, 2013.
October 26, 2013	The Tribunal decides on the parties' submissions on costs.
December 29, 2014	The Tribunal issues a decision on liability.
February 25, 2015	The Claimant files a request for reconsideration of one aspect of the Tribunal’s decision of December 29, 2014.
March 5, 2015	The Respondent files observations on the Claimant’s request of February 25, 2015.
March 11, 2015	The Tribunal decides on the Claimant’s request for reconsideration of February 25, 2015.
June 19, 2015	Each party files a submission on quantum.
August 10, 2015	Each party files observations on the other party’s submission on quantum of June 19, 2015.
October 15, 2015	The Claimant supplements its submission on quantum of June 19, 2015.
November 30, 2015	The Respondent files observations on the Claimant’s submission of October 15, 2015.
March 11, 2016	The Tribunal holds a procedural meeting with the parties by telephone conference.
May 2, 2016	Each party files a further submission on quantum.
November 21, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 21, 2016	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
April 25, 2017	The Secretary-General registers an application for partial annulment of the award filed by HOCHTIEF Aktiengesellschaft.
August 2, 2017	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Azzedine Kettani (Moroccan), President; Geneviève Bastid Burdeau (French); and Alexis Mourre (French); all members appointed by the Chairman of the Administrative Council.
September 11, 2017	The ad hoc Committee holds a first session by telephone conference.
October 2, 2017	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
October 23, 2017	The Argentine Republic files a request to stay the enforcement of the award.
December 4, 2017	HOCHTIEF Aktiengesellschaft files a response to the Argentine Republic’s request to continue the stay of enforcement of the award.
December 11, 2017	HOCHTIEF Aktiengesellschaft files a memorial on annulment.
December 29, 2017	The Argentine Republic files a reply on the stay of enforcement of the award.
January 23, 2018	HOCHTIEF Aktiengesellschaft files a rejoinder to the Argentine Republic’s request to continue the stay of enforcement of the award.
March 23, 2018	The ad hoc Committee issues a decision granting the stay of enforcement of the award.
April 3, 2018	The Argentine Republic files a counter-memorial on annulment.
June 19, 2018	HOCHTIEF Aktiengesellschaft files a reply on annulment.
September 4, 2018	The Argentine Republic files a rejoinder on annulment.
February 11, 2019	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
March 5, 2019	The ad hoc Committee issues Procedural Order No. 2 concerning the cancellation of the hearing and the suspension of the proceeding until June 5, 2019, pursuant to the parties’ agreement.
June 7, 2019	The suspension of the proceeding is further extended until March 1, 2020, pursuant to the parties’ agreement.
March 4, 2020	The suspension of the proceeding is further extended until January 1, 2021, pursuant to the parties’ agreement.
December 14, 2020	The suspension of the proceeding is further extended until January 1, 2022, pursuant to the parties’ agreement.
July 28, 2021	HOCHTIEF Aktiengesellschaft files a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
July 29, 2021	The Argentine Republic confirms HOCHTIEF Aktiengesellschaft’s request of July 28, 2021.
August 9, 2021	The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).