Case Details

Marion Unglaube v. Republic of Costa Rica (ICSID Case No. ARB/08/1)

Subject of Dispute:

Tourism project
Economic Sector:

Tourism
Instrument(s) Invoked:

BIT Germany - Costa Rica 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Marion Unglaube (German)
Respondent(s):

Republic of Costa Rica (Costa Rican)
Date Registered:

January 25, 2008
Date of Constitution of Tribunal:

June 12, 2008

Composition of Tribunal

President:

Judd L. KESSLER (U.S.) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Franklin BERMAN (British) - Appointed by the Claimant(s)
Bernardo M. CREMADES (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

K&L Gates, Frankfurt, Germany and London, U.K.
Respondent(s):

Ministerio de Comercio Exterior, San Jose, Costa Rica
Sidley Austin, Washington, D.C., U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 16, 2012 - The Tribunal renders its award.

(a) Original Proceeding

Published Decisions

Award - English (Original) Spanish (Original) (May 16, 2012)

(a) Original Proceeding

Date	Development
January 25, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
June 12, 2008	The Tribunal is constituted. Its members are: Judd L. Kessler (U.S.), President; Franklin Berman (British); and Bernardo M. Cremades (Spanish).
September 5, 2008	The Tribunal holds a first session in Washington, D.C.
November 5, 2008	The Claimant files a memorial on the merits.
January 23, 2009	The Respondent files preliminary objections pursuant to ICSID Arbitration Rule 41 and a request to deal with the objections to jurisdiction as a preliminary matter.
March 9, 2009	The Claimant files observations on the Respondent’s request to deal with the objections to jurisdiction as a preliminary matter.
April 6, 2009	The Respondent files a response to the Claimant's observations of March 9, 2009.
April 27, 2009	The Claimant files a reply to the Respondent’s response of April 6, 2009.
June 11, 2009	The Tribunal issues a decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41.
October 26, 2009	The Claimant files a response to the Respondent’s observations of October 14, 2009.
April 30, 2010	The Claimant files a memorial on liability and damages.
July 19, 2010	The Respondent files a request for production of documents.
August 16, 2010	The Respondent files a counter-memorial on the merits.
September 10, 2010	The Claimant files a request for production of documents.
September 17, 2010	The Respondent files observations on the Claimant's request for production of documents.
September 24, 2010	The Claimant files a further request for production of documents.
September 27, 2010	The Respondent files observations on the Claimant's further request for production of documents.
October 1, 2010	The Tribunal issues a procedural order concerning production of documents.
October 15, 2010	The Claimant files a reply on the merits.
December 14, 2010	The Tribunal issues a procedural order pursuant to ICSID Arbitration Rule 37(1) concerning a site visit.
December 16, 2010	The Respondent files a rejoinder on the merits.
December 18, 2010 - December 19, 2010	The Tribunal and the parties visit the place connected with the dispute pursuant to ICSID Arbitration Rule 37(1).
February 21, 2011 - February 23, 2011	The Tribunal holds a hearing on the merits in Washington, D.C.
April 11, 2011	The parties file submissions on costs.
April 3, 2012	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
May 16, 2012	The Tribunal renders its award.