Case Details

Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. Argentine Republic (ICSID Case No. ARB/09/1)

Proceeding Materials Procedural Details

  • Air transportation services
  • Transportation
  • BIT Spain - Argentina 1991
  • ICSID Convention - Arbitration Rules

    (a) Original Proceeding

    • Autobuses Urbanos del Sur S.A. (Spanish), Teinver S.A. (Spanish), Transportes de Cercanías S.A. (Spanish)
    • Argentine Republic (Argentine)
    • January 30, 2009
    • January 4, 2010

      Composition of Tribunal

    • Thomas BUERGENTHAL (U.S.) - Appointed by the Chairman of the Administrative Council
    • Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
      Kamal HOSSAIN (Bangladeshi) - Appointed by the Respondent(s)

      Party Representatives

    • King & Spalding, Houston, TX and Washington, D.C., U.S.A.
    • Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • July 21, 2017 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Kamal Hossain.

    (b) Annulment Proceeding

    • Respondent(s)
    • November 22, 2017 (Respondent(s))
    • December 21, 2017

      Party Representatives

    • King & Spalding, Houston, TX and Washington, D.C., U.S.A.
    • Procurador del Tesoro de la Nación, Buenos Aires, Argentina
    • English,Spanish
    • Concluded
    • May 29, 2019 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Separate Opinion

Decision on Provisional Measures

Dissenting Opinion of Dr. Kamal Hossain

Award of the Tribunal

Available on the ICSID Website

Decision on Jurisdiction (December 21, 2012) English (Original); Spanish (Original)

Separate Opinion (December 21, 2012) English (Original); Spanish (Original)

Decision on Provisional Measures (April 8, 2016) English (Original); Spanish (Original)

Dissenting Opinion of Dr. Kamal Hossain (April 8, 2016) English (Original); Spanish (Original)

Award of the Tribunal (July 21, 2017) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment

Available on the ICSID Website

Decision on Annulment (May 29, 2019) English (Original); Spanish (Original)

(a) Original Proceeding

Date Development
January 30, 2009 The Acting Secretary-General registers a request for the institution of arbitration proceedings.
May 4, 2009 Following appointment by the Claimants, Henri C. Álvarez (Canadian) accepts his appointment as arbitrator.
June 6, 2009 Following appointment by the Respondent, Kamal Hossain (Bangladeshi) accepts his appointment as arbitrator.
December 30, 2009 Following appointment by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention, Thomas Buergenthal (U.S.) accepts his appointment as presiding arbitrator.
January 4, 2010 The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Thomas Buergenthal (U.S.), President, appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention; Henri C. Álvarez (Canadian), appointed by the Claimants; and Kamal Hossain (Bangladeshi), appointed by the Respondent.
March 22, 2010 The Tribunal holds a first session in Paris.
The Respondent files a request to deal with the objections to jurisdiction as a preliminary question.
September 29, 2010 The Claimants file a memorial on the merits.
December 6, 2010 The Respondent files a memorial on jurisdiction.
January 24, 2011 The Claimants file a counter-memorial on jurisdiction.
February 4, 2011 The Tribunal issues a procedural order deciding to deal with the objections to jurisdiction as a preliminary question; the proceeding on the merits is suspended.
February 9, 2011 The Respondent files a request for production of documents.
February 14, 2011 The Claimants file observations on the Respondent’s request for production of documents.
February 21, 2011 The Respondent files a response to the Claimants’ observations of February 14, 2011.
February 28, 2011 The Claimants file a reply on production of documents.
March 1, 2011 The Tribunal issues a decision on production of documents.
March 10, 2011 The Respondent files a reply on jurisdiction.
April 12, 2011 The Claimants file two requests for provisional measures.
April 20, 2011 The Respondent files observations on one of the Claimants’ requests of April 12, 2011.
April 27, 2011 The Claimants file a rejoinder on jurisdiction.
April 29, 2011 The Claimants renew one of their requests for provisional measures.
The Respondent files observations on the Claimants' renewed request for provisional measures.
The Tribunal issues a procedural order concerning provisional measures.
May 4, 2011 The Respondent files further observations on the Claimants' renewed request for provisional measures.
May 6, 2011 The Claimants file a reply on provisional measures.
May 13, 2011 The Tribunal issues a decision on provisional measures.
May 13, 2011 The Respondent files a rejoinder on provisional measures.
May 27, 2011 - May 31, 2011 The Tribunal holds a hearing on jurisdiction and provisional measures in Washington, D.C.
June 8, 2011 The Tribunal issues a procedural order posing questions to the parties after the hearing.
June 16, 2011 The Claimants file answers to questions posed by the Tribunal after the hearing.
June 23, 2011 The Respondent files answers to questions posed by the Tribunal after the hearing.
June 30, 2011 The Claimants file further answers to questions posed by the Tribunal after the hearing.
July 5, 2011 The Claimants complement their answers to questions posed by the Tribunal after the hearing.
August 30, 2011 The Claimants files a request for the admissibility of new evidence.
October 26, 2011 The Respondent files observations on the Claimants' request of August 30, 2011, and new evidence.
November 8, 2011 The Claimants file a response to the Respondent's observations of October 26, 2011, and a request for the exclusion of new evidence filed by the Respondent with its observations.
December 15, 2011 The Tribunal decides on the admissibility of new evidence.
December 15, 2011 The Respondent files a request for the admissibility of new evidence.
December 20, 2011 The Tribunal decides on the admissibility of new evidence.
December 20, 2011 The Claimants file observations on the Respondent's request of December 15, 2011.
February 17, 2012 The Respondent files a further request for the admissibility of new evidence.
February 22, 2012 The Tribunal decides on the admissibility of new evidence.
February 28, 2012 The Claimants file observations on the Respondent's request of February 17, 2012.
March 26, 2012 The Respondent files a request for the admissibility of new evidence.
March 26, 2012 The Claimants file a second request for provisional measures.
April 1, 2012 The Tribunal decides on the procedural calendar concerning provisional measures.
April 4, 2012 The Claimants file observations on the Respondent's request of March 26, 2012.
April 11, 2012 The Respondent files observation on the Claimants' second request for provisional measures.
April 23, 2012 The Claimants file a response to the Respondent's observations of April 11, 2012.
May 4, 2012 The Respondent files a rejoinder on provisional measures.
May 4, 2012 The Respondent files observations on the Claimants' response of April 23, 2012.
May 24, 2012 The Respondent filed a further request for the admissibility of new evidence.
June 1, 2012 The Claimants files a further observations concerning its second request for provisional measures of March 26, 2012.
June 5, 2012 The Claimants supplements its second request for provisional measures of March 26, 2012.
June 7, 2012 The Respondent files observations on the Claimants' request of June 5, 2012.
October 3, 2012 The Tribunal issues Procedural Order No. 4 and Procedural Order No. 5 concerning provisional measures.
December 6, 2012 The Respondent files a request for the admissibility of new evidence.
December 7, 2012 The Claimant files observations on the Respondent's request for the admissibility of new evidence.
December 17, 2012 The Tribunal decides on the admissibility of new evidence.
December 21, 2012 The Tribunal issues a decision on jurisdiction; attached to the decision is a separate opinion by arbitrator Kamal Hossain.
February 8, 2013 The Respondent files a request for the Tribunal to decide on production of documents.
February 19, 2013 The Claimants file observations on the Respondent’s request for the Tribunal to decide on production of documents.
March 8, 2013 The Claimants file a request for the Tribunal to decide on production of documents.
March 12, 2013 The Respondent files a response to the Claimants' observations of February 19, 2013, and observations on the Claimant's request for the Tribunal to decide on production of documents.
March 26, 2013 The Respondent supplements its response and observations of March 12, 2013.
March 28, 2013 The Claimants file a response to the Respondent's observations of March 26, 2013 and ratifies its request of March 8, 2013 for the Tribunal to decide on production of documents.
April 4, 2013 The Respondent revises its request of February 8, 2013.
April 8, 2013 The Claimants file observations on the Respondent's revised request of April 4, 2013.
April 17, 2013 The Tribunal decides on production of documents.
April 24, 2013 The Respondent files a request for reconsideration of the Tribunal’s decision of April 17, 2013.
April 29, 2013 The Claimants file observations on the Respondent’s request of April 24, 2013.
May 3, 2013 The Tribunal issues a decision on the Respondent's request of April 24, 2013.
May 6, 2013 The Respondent files a counter-memorial on the merits, including a counter-claim.
May 13, 2013 The Respondent files observations on the Claimants' request of March 8, 2013, including a request for the Tribunal to decide on confidentiality of evidence.
May 17, 2013 The Claimants file a response to the Respondent's observations of May 13, 2013.
May 20, 2013 The Tribunal decides on the procedural calendar.
May 24, 2013 The Tribunal decides on production of documents.
May 31, 2013 The Respondent files a request for the Tribunal to decide on confidentiality of documents.
June 3, 2013 The Claimants file observations on the Respondent’s request of May 31, 2013.
June 5, 2013 The Tribunal issues a procedural order concerning the confidentiality of evidence.
June 6, 2013 Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents.
June 15, 2013 Following exchanges between the parties, the Claimants' file a request for the Tribunal to decide on production of documents.
June 19, 2013 The Respondent files observations on the Claimants' request of June 15, 2013.
June 24, 2013 The Tribunal decides on production of documents.
August 10, 2013 The Claimants file a reply on the merits, including observations on the counter-claim.
September 13, 2013 The Respondent files a request for the Tribunal to decide on production of documents.
September 23, 2013 The Claimants file observations on the Respondent's request for the Tribunal to decide on production of documents.
October 1, 2013 The Respondent files a response to the Claimants' observations of September 23, 2013.
October 10, 2013 The Tribunal decides on production of documents.
October 21, 2013 The Claimants file a request for the Tribunal to decide on the procedural calendar.
October 24, 2013 The Respondent files observations on the Claimants' request for the Tribunal to decide on the procedural calendar.
October 25, 2013 The Claimants file a response to the Respondent's observations of October 24, 2013.
November 1, 2013 The Respondent files further observations on the Claimant's response of October 25, 2013.
November 4, 2013 The Respondent files a rejoinder on the merits, and a reply on the counter-claim.
December 17, 2013 The Claimants file a request for the Tribunal to decide on production of documents.
January 3, 2014 The Respondent files observations on the Claimants' request for the Tribunal to decide on production of documents.
January 13, 2014 The Claimants files a rejoinder on the counter-claim.

The Claimants file a response to the Respondent's observations of January 3, 2014.
January 15, 2014 The Claimants file a request for the Tribunal to decide on production of documents.
January 23, 2014 The Respondent files observations on the Claimants’ request for the Tribunal to decide on production of documents.
February 4, 2014 The Claimants renew their request of June 15, 2013 for the Tribunal to decide on production of documents.
February 6, 2014 The Tribunal decides on production of documents.
February 7, 2014 The Respondent files observations on the Claimants’ renewed request for the Tribunal to decide on production of documents.

The Respondent renews its request of February 8, 2013 for the Tribunal to decide on production of documents.
February 17, 2014 The Tribunal decides on production of documents.
February 22, 2014 The Tribunal decides on production of documents.
March 4, 2014 - March 13, 2014 The Tribunal holds a hearing on the merits and the counter-claim in Washington, D.C.
June 23, 2014 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 30, 2014 Each party files a post-hearing brief.
July 2, 2014 The Claimants file observations on the Respondent’s request of June 23, 2014.
July 7, 2014 The Tribunal decides on the admissibility of new evidence.

Each party files a statement of costs.
December 16, 2014 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
January 7, 2015 The Claimants file observations on the Respondent’s request of December 16, 2014.
January 15, 2015 The Tribunal decides on the admissibility of new evidence.
March 3, 2015 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
March 17, 2015 The Claimants file observations on the Respondent’s request of March 3, 2015.
March 18, 2015 The Tribunal decides on the admissibility of new evidence.
July 29, 2015 The Claimants file a request for provisional measures.
August 12, 2015 The Respondent files observations on the Claimants' request for provisional measures, including a request for the Tribunal to decide on the admissibility of new evidence.
September 15, 2015 The Claimants supplement their request for provisional measures of July 29, 2015.
September 16, 2015 The Respondent files observations on the Claimants’ request of September 15, 2015.
September 24, 2015 The Respondent files further observations on the Claimants’ request of September 15, 2015.
September 29, 2015 The Claimants file a response to the Respondent’s further observations of September 24, 2015.
October 15, 2015 The Claimants file a reply on provisional measures.
October 23, 2015 The Respondent files a rejoinder on provisional measures.
November 3, 2015 The Tribunal holds a hearing on provisional measures in Washington, D.C.
April 8, 2016 The Tribunal issues a decision on provisional measures; attached to the decision is a dissenting opinion by Kamal Hossain.
October 17, 2016 The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
October 24, 2016 The Claimants file observations on the Respondent’s request of October 17, 2016.
November 1, 2016 The Respondent files a response to the Claimants’ observations of October 24, 2016.
November 4, 2016 The Claimants file further observations on the Respondent’s request of October 17, 2016.
November 16, 2016 The Respondent files a response to the Claimants’ further observations of November 4, 2016.
November 29, 2016 The Tribunal decides on the admissibility of new evidence.
December 16, 2016 Each party files an updated statement of costs.
January 25, 2017 The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 21, 2017 The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Kamal Hossain.

(b) Annulment Proceeding

Date Development
November 22, 2017

The Secretary-General registers an application for annulment of the award filed by the Argentine Republic and notifies the parties of the provisional stay of enforcement of the award.
December 21, 2017

The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention.  Its members are: Alexis Mourre (French), Fernando Cantuarias Salavery (Peru), and Ricardo Ramírez Hernández (Mexico).; all members appointed by the Chairman of the Administrative Council.
March 1, 2018

The ad hoc Committee holds a first session by telephone conference.
March 6, 2018

The ad hoc Committee issues procedural order No. 1 concerning procedural matters.
May 3, 2018

The Argentine Republic files a request for the ad hoc Committee to decide on the admissibility of new documents.
May 11, 2018

Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. file observations on the Argentine Republic’s request of May 3, 2018.
May 15, 2018

The Argentine Republic files a memorial on annulment.
May 17, 2018

The ad hoc Committee decides on the admissibility of new documents.
June 4, 2018

Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. file a request for the exclusion of evidence.
June 5, 2018

The Argentine Republic files observations on Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A.’s request of June 4, 2018. 
June 6, 2018

The ad hoc Committee decides on the exclusion of evidence.
July 30, 2018

Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. file a counter-memorial on annulment.
October 1, 2018

The Argentine Republic files a reply on annulment.
December 3, 2018

Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. file a rejoinder on annulment.
January 9, 2019

The ad hoc Committee issues Procedural Order No. 2 concerning the organization of the hearing.
February 5, 2019 - February 6, 2019

The ad hoc Committee holds a hearing on annulment in Washington, D.C.
March 8, 2019

Each party files a submission on costs.
April 23, 2019

The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
May 29, 2019

The ad hoc Committee issues its decision on annulment.