Case Details

Ambiente Ufficio S.p.A. and others v. Argentine Republic (ICSID Case No. ARB/08/9)

Subject of Dispute:

Debt instruments
Economic Sector:

Finance
Instrument(s) Invoked:

BIT Argentina - Italy 1990
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Ambiente Ufficio S.p.A. and others (Italian)
Respondent(s):

Argentine Republic (Argentine)
Date Registered:

July 28, 2008
Date of Constitution of Tribunal:

December 5, 2008

Composition of Tribunal

President:

Bruno SIMMA (Austrian, German) - Appointed by the Parties
Arbitrators:

Karl-Heinz BÖCKSTIEGEL (German) - Appointed by the Claimant(s)
Santiago TORRES BERNÁRDEZ (Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

ARBLIT, Milan, Italy
Piero Parodi, Milan, Italy
Rodolfo Carlos Barra, Buenos Aires, Argentina
Respondent(s):

Procurador del Tesoro de la Nación, Buenos Aires, Argentina
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 28, 2015 - The Tribunal issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d); attached to the order is an individual statement by arbitrator Santiago Torres Bernárdez.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction and Admissibility

Dissenting Opinion

Order of Discontinuance of the Proceeding

Individual Statement to Order of Discontinuance of the Proceeding

Available on the ICSID Website

Decision on Jurisdiction and Admissibility (February 8, 2013) English (Original); Spanish (Original)

Dissenting Opinion (May 2, 2013) English (Original); Spanish (Original)

Order of Discontinuance of the Proceeding (May 28, 2015) English (Original); Spanish (Original)

Individual Statement to Order of Discontinuance of the Proceeding (May 28, 2015) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
July 28, 2008	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
December 5, 2008	The Tribunal is constituted. Its members are: Bruno Simma (German/Austrian), President; Karl-Heinz Böckstiegel (German); and Santiago Torres Bernárdez (Spanish).
February 24, 2009	The Tribunal holds a first session by telephone conference.
March 13, 2009	The parties agree on a schedule for the production of documents.
April 13, 2009	The Respondent files a request for production of documents.
April 17, 2009	The Claimants file observations on the Respondent's request for production of documents.
June 11, 2009	The Respondent files a memorial on jurisdiction and admissibility.
June 29, 2009	The Tribunal issues a procedural order concerning production of documents.
July 16, 2009	The Claimants request an extension of time to produce documents as ordered by the Tribunal in its procedural order of June 29, 2009.
July 20, 2009	The Claimants file a request for production of documents. The Respondent files observations on the Claimants' request of July 16, 2009.
July 23, 2009	The Respondent files a response to the Claimants’ request for production of documents.
August 4, 2009	The Tribunal grants the Claimants an extension of time to produce documents as ordered by the Tribunal in its procedural order of June 29, 2009.
September 18, 2009	The Tribunal issues a decision on production of documents.
November 26, 2009	The Claimants file a counter-memorial on jurisdiction and admissibility.
December 15, 2009	The Respondent files a request for production of documents.
December 22, 2009	The Claimants file observations on the Respondent’s request of December 15, 2009.
February 2, 2010	The Tribunal issues a decision on production of documents.
March 12, 2010	The Respondent files a reply on jurisdiction and admissibility.
March 22, 2010	The Claimants file a second request for production of documents.
March 29, 2010	The Respondent files a response to the Claimants’ request of March 22, 2010.
May 5, 2010	The proceeding is suspended, pursuant to the parties’ agreement.
October 8, 2010	The Claimants file a rejoinder on jurisdiction and admissibility.
January 25, 2011 - January 27, 2011	The Tribunal holds a hearing on jurisdiction in Paris.
March 28, 2011	The Respondent files a post-hearing brief.
March 29, 2011	The Claimants file a post-hearing brief.
November 25, 2011	Following the Tribunal’s invitation of November 4, 2011, each party files a further submission on jurisdiction.
December 13, 2011	Each party files observations on the other party’s submission of November 25, 2011.
February 17, 2012	The Respondent files a request for the admissibility of new evidence.
March 5, 2012	The Claimants file observations on the Respondent’s request for the admissibility of new evidence of February 17, 2012.
March 12, 2012	The Tribunal decides on the admissibility of new evidence.
July 9, 2012	The Claimants file a statement of costs.
July 10, 2012	The Respondent files a statement of costs.
February 8, 2013	The Tribunal issues a decision on jurisdiction and admissibility. A dissenting opinion by arbitrator Santiago Torres Bernárdez dated May 2, 2013 is attached to the decision.
February 22, 2013	The Respondent files a statement of costs.
February 27, 2013	The Claimants file a statement of costs.
January 29, 2014	The Secretary-General moves that the Tribunal stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
January 30, 2014	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
August 1, 2014	The Secretary-General moves that the Tribunal discontinue the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d).
May 28, 2015	The Tribunal issues a procedural order for the discontinuance of the proceeding for lack of payment of the required advances, pursuant to ICSID Administrative and Financial Regulation 14(3)(d); attached to the order is an individual statement by arbitrator Santiago Torres Bernárdez.