(a) Original Proceeding

Published Decisions

Procedural Order No. 1

Annex A to Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Procedural Order No. 8

Procedural Order No. 9

Decision on Jurisdiction and Admissibility

Dissenting Opinion to Decision on Jurisdiction and Admissibility

Decision on the Proposal to Disqualify a Majority of the Tribunal

Procedural Order No. 10

Procedural Order No. 11

Procedural Order No. 12

Procedural Order No. 13

Statement of Dissent to Procedural Order No. 13

Procedural Order No. 14

Procedural Order No. 15

Procedural Order No. 16

Procedural Order No. 17

Procedural Order No. 18

Annex 1 to Procedural Order No. 18

Annex 2 to Procedural Order No. 18

Procedural Order No. 19

Procedural Order No. 20

Statement of Dissent to Procedural Order No. 20

Procedural Order No. 21

Annex 1 to Procedural Order No. 21

Individual Statement to Procedural Order No. 21

Procedural Order No. 22

Individual Statement to Procedural Order No. 22

Directions from the Tribunal to the Parties

Individual Statement to the Directions from the Tribunal to the Parties

Directions from the Tribunal to the Parties

Statement of Dissent to the Directions from the Tribunal to the Parties

Directions from the Tribunal to the Parties

Statement of Dissent to the Directions from the Tribunal to the Parties

Letter from the Tribunal to the Parties

Procedural Order No. 23

Statement of Dissent to Procedural Order No. 23

Procedural Order No. 24

Procedural Order No. 25

Procedural Order No. 26

Procedural Order No. 27

Statement of Dissent to Procedural Order No. 27

Procedural Order No. 28

Statement of Dissent to Procedural Order No. 28

Procedural Order No. 29

Procedural Order No. 30

Procedural Order No. 31

Procedural Order No. 32

Procedural Order No. 33

Procedural Order No. 33

Statement of Dissent to the Letter from the Tribunal to the Parties

Procedural Order No. 34

Concurrent and Dissent Statement to Procedural Order No. 34

Consent Award

Annex A Settlement Agreement

Declaration appended to the Award by Arbitrator Santiago Torres Bernardez

Additional Declaration by President Pierre Tercier and Arbitrator Albert Jan van den Berg

Additional Declaration by Arbitrator Santiago Torres Bernardez

Available on the ICSID Website

Procedural Order No. 1 (December 12, 2008) English (Original); Spanish (Original)

Annex A to Procedural Order No. 1 (December 12, 2008) English (Original); Spanish (Original)

Procedural Order No. 2 (December 1, 2009) English (Original); Spanish (Original)

Procedural Order No. 3 (January 27, 2010) English (Original); Spanish (Original)

Procedural Order No. 4 (March 18, 2010) English (Original); Spanish (Original)

Procedural Order No. 5 (April 2, 2010) English (Original); Spanish (Original)

Procedural Order No. 6 (April 6, 2010) English (Original); Spanish (Original)

Procedural Order No. 7 (May 20, 2010) English (Original); Spanish (Original)

Procedural Order No. 8 (August 3, 2010) English (Original); Spanish (Original)

Procedural Order No. 9 (November 26, 2010) English (Original); Spanish (Original)

Decision on Jurisdiction and Admissibility (August 4, 2011) English (Original); Spanish (Original)

Dissenting Opinion to Decision on Jurisdiction and Admissibility (August 4, 2011) English (Original)

Decision on the Proposal to Disqualify a Majority of the Tribunal (December 21, 2011) English (Original)

Procedural Order No. 10 (June 18, 2012) English (Original); Spanish (Original)

Procedural Order No. 11 (June 27, 2012) English (Original); Spanish (Original)

Procedural Order No. 12 (July 7, 2012) English (Original); Spanish (Original)

Procedural Order No. 13 (September 27, 2012) English (Original); Spanish (Original)

Statement of Dissent to Procedural Order No. 13 (September 27, 2012) English (Original); Spanish (Original)

Procedural Order No. 14 (November 4, 2012) English (Original); Spanish (Original)

Procedural Order No. 15 (November 20, 2012) English (Original); Spanish (Original)

Procedural Order No. 16 (January 11, 2013) English (Original); Spanish (Original)

Procedural Order No. 17 (January 22, 2013) English (Original); Spanish (Original)

Procedural Order No. 18 (March 25, 2013) English (Original); Spanish (Original)

Annex 1 to Procedural Order No. 18 (March 25, 2013) English (Original)

Annex 2 to Procedural Order No. 18 (March 25, 2013) English (Original)

Procedural Order No. 19 (April 8, 2013) English (Original); Spanish (Original)

Procedural Order No. 20 (April 24, 2013) English (Original); Spanish (Original)

Statement of Dissent to Procedural Order No. 20 (April 24, 2013) English (Original); Spanish (Original)

Procedural Order No. 21 (May 2, 2013) English (Original); Spanish (Original)

Annex 1 to Procedural Order No. 21 (May 2, 2013) English (Original); Spanish (Original)

Individual Statement to Procedural Order No. 21 (May 2, 2013) English (Original); Spanish (Original)

Procedural Order No. 22 (July 31, 2013) English (Original); Spanish (Original)

Individual Statement to Procedural Order No. 22 (July 31, 2013) English (Original); Spanish (Original)

Directions from the Tribunal to the Parties (September 26, 2013) English (Original); Spanish (Original)

Individual Statement to the Directions from the Tribunal to the Parties (September 26, 2013) English (Original); Spanish (Original)

Directions from the Tribunal to the Parties (October 21, 2013) English (Original)

Statement of Dissent to the Directions from the Tribunal to the Parties (October 21, 2013) English (Original)

Directions from the Tribunal to the Parties (November 4, 2013) English (Original)

Statement of Dissent to the Directions from the Tribunal to the Parties (November 4, 2013) English (Original)

Letter from the Tribunal to the Parties (November 28, 2013) English (Original)

Procedural Order No. 23 (February 7, 2014) English (Original); Spanish (Original)

Statement of Dissent to Procedural Order No. 23 (February 7, 2014) English (Original); Spanish (Original)

Procedural Order No. 24 (March 6, 2014) English (Original); Spanish (Original)

Procedural Order No. 25 (April 28, 2014) English (Original); Spanish (Original)

Procedural Order No. 26 (May 12, 2014) English (Original); Spanish (Original)

Procedural Order No. 27 (May 30, 2014) English (Original); Spanish (Original)

Statement of Dissent to Procedural Order No. 27 (May 30, 2014) English (Original); Spanish (Original)

Procedural Order No. 28 (June 9, 2014) English (Original); Spanish (Original)

Statement of Dissent to Procedural Order No. 28 (June 9, 2014) English (Original); Spanish (Original)

Procedural Order No. 29 (June 10, 2014) English (Original); Spanish (Original)

Procedural Order No. 30 (June 11, 2014) English (Original); Spanish (Original)

Procedural Order No. 31 (June 20, 2014) English (Original); Spanish (Original)

Procedural Order No. 32 (August 1, 2014) English (Original); Spanish (Original)

Procedural Order No. 33 (September 4, 2014) English (Original); Spanish (Original)

Procedural Order No. 33 (September 4, 2014) English (Original); Spanish (Original)

Procedural Order No. 34 (December 9, 2014) English (Original); Spanish (Original)

Concurrent and Dissent Statement to Procedural Order No. 34 (December 9, 2014) English (Original); Spanish (Original)

Consent Award (December 29, 2016) English (Original); Spanish (Original)

Annex A Settlement Agreement (December 29, 2016) English (Original)

Declaration appended to the Award by Arbitrator Santiago Torres Bernardez (December 29, 2016) English (Original); Spanish (Original)

Additional Declaration by President Pierre Tercier and Arbitrator Albert Jan van den Berg (December 29, 2016) English (Original); Spanish (Original)

Additional Declaration by Arbitrator Santiago Torres Bernardez (December 29, 2016) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
February 7, 2007	The Secretary-General registers a request for the institution of arbitration proceedings.
February 6, 2008	The Tribunal is constituted. Its members are: Robert Briner (Swiss), President; Georges Abi-Saab (Egyptian); and Albert Jan van den Berg (Dutch).
April 10, 2008	The Tribunal holds a first session in Washington, D.C.
May 2, 2008	The parties file submissions on the scope of the jurisdictional phase, as instructed by the Tribunal.
May 9, 2008	The Tribunal issues a decision on the scope of the jurisdictional phase.
August 8, 2008	The Respondent files a memorial on jurisdiction and admissibility.
November 7, 2008	The Claimants file a counter-memorial on jurisdiction and admissibility.
November 17, 2008	The parties file requests for production of documents.
November 24, 2008	Each party files observations on the other party’s request for production of documents.
December 12, 2008	The Tribunal issues a procedural order concerning production of documents.
February 23, 2009	The Respondent files a reply on jurisdiction and admissibility.
May 6, 2009	The Claimants file a rejoinder on jurisdiction and admissibility.
July 27, 2009	Following the resignation of Robert Briner (Swiss), the Centre notifies the parties of the vacancy on the Tribunal; the proceeding is suspended.
September 2, 2009	The Tribunal is reconstituted. Its members are: Pierre Tercier (Swiss), President; Georges Abi-Saab (Egyptian); and Albert Jan van den Berg (Dutch).
October 14, 2009	The Tribunal holds a telephone conference with the parties concerning procedural matters.
December 1, 2009	The Tribunal issues a procedural order concerning the organization of the hearing on jurisdiction and admissibility.
January 27, 2010	The Tribunal issues a procedural order concerning confidentiality.
March 18, 2010	The Tribunal issues a procedural order concerning admissibility of documents for witness and expert examination.
April 2, 2010	The Tribunal issues a procedural order concerning admissibility of documents and attendance of hearing.
April 6, 2010	The Tribunal issues a procedural order concerning examination of witnesses.
April 7, 2010 - April 13, 2010	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
May 20, 2010	The Tribunal issues a procedural order concerning admissibility of new documents.
June 22, 2010	The parties file post-hearing briefs.
August 3, 2010	The Tribunal issues a procedural order concerning the parties' submissions on costs.
August 4, 2010	The parties file statements of costs.
October 22, 2010	The Respondent files a request for further disclosure of information by the Claimants, and a request for the Tribunal to issue a decision on costs.
October 27, 2010	The Claimants file observations on the Respondent's request of October 22, 2010.
November 2, 2010	The Respondent files a response to the Claimants’ observations of October 27, 2010.
November 26, 2010	The Tribunal issues a procedural order concerning the Respondent’s requests of October 22, 2010.
August 4, 2011	The Tribunal issues a decision on jurisdiction and admissibility. A dissenting opinion by arbitrator Georges Abi-Saab dated October 28, 2011 is attached to the decision.
September 15, 2011	The Respondent files a proposal for disqualification of two arbitrators; the proceeding is suspended.
October 21, 2011	The Claimants file observations on the proposal for disqualification.
November 2, 2011	The arbitrators furnish explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
November 2, 2011	Following the resignation of arbitrator Georges Abi-Saab, the Centre notifies the parties of the vacancy on the Tribunal.
November 16, 2011	The Parties file observations on the proposal for disqualification.
December 21, 2011	The proposal for disqualification of two arbitrators is declined.
January 19, 2012	The Tribunal is reconstituted. Its members are: Pierre Tercier (Swiss), President; Santiago Torres Bernárdez (Spanish); and Albert Jan van den Berg (Dutch).
May 9, 2012	The Tribunal holds a hearing on procedural issues in Washington, D.C.
June 18, 2012	The Tribunal issues a procedural order concerning security for costs.
June 18, 2012	The Tribunal issues directions concerning the language of the proceedings.
June 27, 2012	The Tribunal issues a procedural order concerning provisional measures.
July 7, 2012	The Tribunal issues a procedural order concerning the conduct of the proceedings and the procedural calendar.
September 27, 2012	The Tribunal issues a procedural order concerning the conduct of the proceedings, the procedural calendar and confidentiality.
October 1, 2012	The Claimants file a memorial on jurisdiction and merits.
November 1, 2012	The Tribunal issues a procedural order concerning the language of the proceedings.
November 20, 2012	The Tribunal issues a procedural order concerning the conduct of the proceedings.
December 26, 2012	The Respondent files a counter-memorial on jurisdiction and merits.
January 11, 2013	The Tribunal issues a procedural order concerning the language of the proceedings.
February 8, 2013	The Tribunal issues a procedural order concerning the conduct of the proceedings and the procedural calendar.
March 25, 2013	The Tribunal issues a procedural order concerning production of documents.
April 8, 2013	The Tribunal issues a procedural order concerning the conduct of the proceedings.
April 24, 2013	The Tribunal issues a procedural order concerning the conduct of the proceedings.
May 2, 2013	The Tribunal issues a procedural order concerning the conduct of the proceedings and the procedural calendar.
July 31, 2013	The Tribunal issues a procedural order concerning the conduct of the proceedings.
September 26, 2013	The Tribunal issues directions concerning the procedural calendar and the conduct of the proceedings.
October 21, 2013	The Tribunal issues directions concerning the procedural calendar and the conduct of the proceedings.
November 4, 2013	The Tribunal issues directions concerning the procedural calendar and the conduct of the proceedings.
November 19, 2013	The Claimants file a reply on jurisdiction and merits.
December 19, 2013	The Respondent files a proposal for disqualification of arbitrators Pierre Tercier and Albert Jan van den Berg. The proceeding is suspended in accordance with ICSID Arbitration Rule 9(6).
December 27, 2013	The Claimants file observations on the proposed disqualification.
December 30, 2013	The arbitrators furnish explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
January 13, 2014	Each party files further observations on the proposal for disqualification.
February 4, 2014	The proposal for disqualification of arbitrators Pierre Tercier and Albert Jan van den Berg is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6).
February 7, 2014	The Tribunal issues a procedural order concerning the procedural calendar.
February 26, 2014	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
March 6, 2014	The Tribunal issues a procedural order concerning production of documents.
March 31, 2014	The Respondent files a rejoinder on jurisdiction and merits.
April 28, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
May 12, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
May 30, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
June 3, 2014	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 9, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
June 10, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
June 11, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
June 16, 2014 - June 24, 2014	The Tribunal holds a hearing on the merits in Washington, D.C.
June 20, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
August 1, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
September 4, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
September 29, 2014	Each party files a post-hearing brief.
October 29, 2014	Each party files a reply post-hearing brief.
November 12, 2014	Each party files a submission on costs.
December 9, 2014	The Tribunal issues a procedural order concerning the conduct of the proceedings.
October 5, 2015	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
October 8, 2015	The Claimants file observations on the Respondent’s request of October 5, 2015.
October 11, 2015	The Tribunal decides on the admissibility of new evidence.
March 21, 2016	The proceeding is suspended until July 19, 2016, pursuant to the parties’ agreement.
December 29, 2016	The Tribunal renders its award embodying the parties’ settlement agreement, pursuant to ICSID Arbitration Rule 43(2).