Case Details

Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC B.V. v. Republic of Paraguay (ICSID Case No. ARB/07/9)

Proceeding Materials Procedural Details

  • Service agreement
  • Services & Trade
  • BIT Netherlands - Paraguay 1992
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC B.V. (Dutch)
    • Republic of Paraguay (Paraguayan)
    • April 11, 2007
    • March 10, 2008

      Composition of Tribunal

    • Rolf KNIEPER (German) - Appointed by the Chairman of the Administrative Council
    • L. Yves FORTIER (Canadian) - Appointed by the Claimant(s)
      Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)

      Party Representatives

    • Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A. and Paris, France
      Mersán Abogados, Asuncion, Paraguay
    • Abogado del Tesoro Ministerio de Hacienda, Asuncion, Paraguay
      Procurador General de la República, Asuncion, Paraguay
    • English,Spanish
    • Concluded
    • August 7, 2014 - The Tribunal 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 Objections to Jurisdiction

Further Decision on Objections to Jurisdiction

Available on the ICSID Website

Decision on Objections to Jurisdiction (May 29, 2009) English (Original); Spanish (Original)

Further Decision on Objections to Jurisdiction (October 9, 2012) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
April 11, 2007 The Secretary-General registers a request for the institution of arbitration proceedings.
June 20, 2007 Following appointment by the Claimant, L. Yves Fortier (Canadian) accepts his appointment as arbitrator.
July 13, 2007 Following appointment by the Respondent, Philippe Sands (British/French) accepts his appointment as arbitrator.
March 10, 2008 Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Rolf Knieper (German) accepts his appointment as presiding arbitrator.
March 10, 2008 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Rolf Knieper (German), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; L. Yves Fortier (Canadian), appointed by the Claimant; and Philippe Sands (British/French), appointed by the Respondent.
April 8, 2008 The Respondent files objections on jurisdiction.
April 14, 2008 The Claimant files observations on the Respondent’s objections to jurisdiction.
May 20, 2008 The Tribunal holds a first session in Washington, D.C.
June 12, 2008 The Tribunal issues Procedural Order No. 1 concerning procedural matters.
July 3, 2008 The Claimant files a counter-memorial on jurisdiction.
August 14, 2008 The Respondent files a reply on jurisdiction.
September 22, 2008 The Claimant files a rejoinder on jurisdiction.
November 11, 2008 The Tribunal holds a hearing on jurisdiction in Washington, D.C.
December 8, 2008 The Respondent files a post-hearing brief.
December 22, 2008 The Claimant files a post-hearing brief.
May 29, 2009 The Tribunal issues a decision on jurisdiction.
August 12, 2009 The Tribunal issues Procedural Order No. 2 concerning procedural matters.
November 27, 2009 The Claimants file a memorial on the merits.
March 12, 2010 The Respondent files a counter-memorial on the merits.
May 14, 2010 The proceeding is suspended, pursuant to the parties' agreement.
July 30, 2010 The proceeding is further suspended, pursuant to the parties' agreement.
November 5, 2010 The proceeding resumes, pursuant to the parties’ agreement.
November 20, 2010 The Tribunal confirms the procedural calendar, as agreed by the parties.
February 11, 2011 The Claimants file a reply on the merits.
June 9, 2011 The Respondent files a rejoinder on the merits.
July 5, 2011 - July 7, 2011 The Tribunal holds a hearing on the merits in Washington, D.C.
September 23, 2011 The parties file post-hearing briefs.
October 21, 2011 Each party files a submission on costs.
December 2, 2011 The Tribunal poses questions to the parties.
December 23, 2011 Each party files answers to the questions posed by the Tribunal on December 2, 2011.
October 9, 2012 The Tribunal issues a further decision on objections to jurisdiction; as a result, the proceeding is suspended.
July 19, 2013 The proceeding is further suspended, pursuant to the parties' agreement.
October 9, 2013 The suspension of the proceeding is further extended, pursuant to the parties' agreement.
April 30, 2014 The Claimant files a request to lift the suspension of the proceeding.
May 15, 2014 The Respondent files observations on the Claimant's request to lift the suspension of the proceeding.
May 21, 2014 The Tribunal issues a decision on the Claimant's request to terminate the suspension of the proceedings.
June 28, 2014 The proceeding is resumed pursuant to the Tribunal's decision of May 21, 2014.
July 15, 2014 The Tribunal issues Procedural Order No. 3 concerning procedural matters.
July 29, 2014 The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).
August 7, 2014 The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).