Case Details

CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15)

Subject of Dispute:

Cement production enterprise
Economic Sector:

Construction
Instrument(s) Invoked:

BIT Netherlands - Venezuela, Republica Bolivariana de 1991 - Investment Law - Venezuela (1999)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

CEMEX Caracas II Investments B.V. (Dutch), CEMEX Caracas Investments B.V. (Dutch)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

October 30, 2008
Date of Constitution of Tribunal:

July 6, 2009

Composition of Tribunal

President:

Gilbert GUILLAUME (French) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Georges ABI-SAAB (Egyptian) - Appointed by the Respondent(s)
Robert VON MEHREN (U.S.) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

Skadden, Arps, Slate, Meagher & Flom, New York, NY, U.S.A.
Respondent(s):

Curtis, Mallet-Prevost, Colt & Mosle, New York, NY, U.S.A. and Mexico City, Mexico
Procuraduría General de la República, Caracas, Venezuela
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

February 15, 2012 - The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).

(a) Original Proceeding

Published Decisions

Decision on Proposal for Disqualification of an Arbitrator

Decision on Provisional Measures

Decision on Jurisdiction

Available on the ICSID Website

Decision on Proposal for Disqualification of an Arbitrator (November 6, 2009) English (Original); Spanish (Original)

Decision on Provisional Measures (March 3, 2010) English (Original)

Decision on Jurisdiction (December 30, 2010) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
October 30, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
July 6, 2009	The Tribunal is constituted. Its members are: Gilbert Guillaume (French), President; Georges Abi-Saab (Egyptian); and Robert von Mehren (U.S.).
September 1, 2009	The Claimants file a request for provisional measures.
October 26, 2009	The Respondent files observations on the Claimants’ request for provisional measures. The Respondent files a proposal for disqualification of an arbitrator; the proceeding is suspended.
October 28, 2009	The arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
November 2, 2009	The parties file observations on the proposal for disqualification.
November 4, 2009	The parties file further observations on the proposal for disqualification.
November 6, 2009	The proposal for disqualification of an arbitrator is declined; the proceeding is resumed.
November 16, 2009	The Tribunal holds a first session and a hearing on provisional measures in Paris.
January 15, 2010	The Respondent files a memorial on jurisdiction.
March 3, 2010	The Tribunal issues a decision on provisional measures.
March 15, 2010	The Claimants file a counter-memorial on jurisdiction.
May 17, 2010	The Respondent files a reply on jurisdiction.
June 25, 2010	The Claimants file a rejoinder on jurisdiction.
December 30, 2010	The Tribunal issues a decision on jurisdiction.
May 6, 2011	The Claimants file a memorial on the merits.
September 6, 2011	The Respondent files a counter-memorial on the merits and quantum.
September 27, 2011	The Respondent files a revised counter-memorial on the merits and quantum.
November 18, 2011	The Claimant files a reply on the merits and quantum.
February 15, 2012	The Tribunal issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1).