Case Details
Elsamex, S.A. v. Republic of Honduras (ICSID Case No. ARB/09/4)
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Highway construction project
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Transportation
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Contract
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ICSID Convention - Arbitration Rules
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Elsamex, S.A. (Spanish)
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Republic of Honduras (Honduran)
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April 15, 2009
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August 18, 2009
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Enrique GÓMEZ-PINZÓN (Colombian) - Appointed by the Chairman of the Administrative Council
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B. Cremades y Asociados, Madrid, Spain
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Dorsey & Whitney, Irvine, CA, U.S.A.
Procuradora General de la República, Tegucigalpa, Honduras -
Spanish
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Concluded
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November 16, 2012 - The Tribunal renders its award.
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Respondent(s)
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March 21, 2013 (Respondent(s))
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May 7, 2013
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Andrés JANA LINETZKY (Chilean)
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Dorsey & Whitney, Costa Mesa, CA, U.S.A.
Procurador General de la República, Tegucigalpa, Honduras -
Baker & McKenzie Barcelona S. L. P., Barcelona, Spain
D. Ignacio Chueca García, Madrid, España -
Spanish
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Concluded
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April 21, 2015 - The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
(a) Original Proceeding
Published Decisions
Award
Available on the ICSID Website
Award (November 16, 2012) Spanish (Original)
(b) Annulment Proceeding
Published Decisions
Decision on Elsamex S.A.'s Preliminary Objections
Decision on the Continuation of the Stay of Enforcement of the Award
Decision on the Termination of the Stay of Enforcement of the Award
Order Taking Note of the Discontinuance of the Proceeding
Available on the ICSID Website
Decision on Elsamex S.A.'s Preliminary Objections (January 7, 2014) Spanish (Original)
Decision on the Continuation of the Stay of Enforcement of the Award (January 7, 2014) Spanish (Original)
Decision on the Termination of the Stay of Enforcement of the Award (March 11, 2014) Spanish (Original)
Order Taking Note of the Discontinuance of the Proceeding (April 21, 2015) Spanish (Original)
(a) Original Proceeding
Date | Development |
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April 15, 2009 | The Acting Secretary-General registers a request for the institution of arbitration proceedings. |
August 18, 2009 | The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. The Sole Arbitrator is Enrique Gómez-Pinzón (Colombian) appointed by the Chairman of the Administrative Council in accordance with Article 38 of the ICSID Convention. |
October 15, 2009 | The Tribunal holds a first session by telephone conference. |
November 11, 2009 | The Respondent files a memorial on jurisdiction. |
December 22, 2009 | The Claimant files a counter-memorial on jurisdiction. |
June 4, 2010 | The Tribunal issues a decision on jurisdiction. |
July 23, 2010 | The Respondent files observations on the Claimant’s request for production of documents. |
July 23, 2010 | The Claimant files a request for production of documents. |
August 2, 2010 | The Claimant files a memorial on the merits. |
September 18, 2010 | The Sole Arbitrator confirms the parties’ agreement concerning the procedural calendar. |
December 3, 2010 | The Respondent files a counter-memorial on the merits, a counter-claim, and additional objections on jurisdiction. |
December 21, 2010 | The Sole Arbitrator decides to join the additional objections on jurisdiction to the merits. |
February 18, 2011 | The Claimant files a reply on the merits, a counter-memorial on the counter-claim, and the additional objections on jurisdiction. |
April 7, 2011 | The Respondent files a rejoinder on the merits, a reply on the counter-claim, and the additional objections on jurisdiction. |
May 26, 2011 | The Claimant files a rejoinder on the counter-claim and the additional objections on jurisdiction. |
June 27, 2011 - June 30, 2011 | The Tribunal holds a hearing on the merits, on additional objections to jurisdiction, and on the counter-claim in Tegucigalpa. In the course of the hearing, the Tribunal and the parties visit the place connected with the dispute pursuant to ICSID Arbitration Rule 37(1). |
August 5, 2011 | The parties file photographic reports from the site inspection of June 29, 2011. |
August 11, 2011 | The Sole Arbitrator poses questions to the parties. |
September 9, 2011 | Each party files a post-hearing brief. |
September 9, 2011 | Each party files a submission on costs. |
November 16, 2012 | The Tribunal renders its award. |
(b) Annulment Proceeding
Date | Development |
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March 21, 2013 | The Secretary-General registers an application for annulment of the award filed by the Republic of Honduras, and notifies the parties of the provisional stay of the enforcement of the award. |
May 7, 2013 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Andrés Jana (Chilean), President; Jan Paulsson (French/Swedish); and Álvaro Castellanos (Guatemalan); all members appointed by the Chairman of the Administrative Council. |
May 23, 2013 | The proceeding is suspended until July 22, 2013, pursuant to the parties' agreement. |
August 5, 2013 | Elsamex, S.A. files a request to terminate the stay of enforcement of the award. The Republic of Honduras files a request to continue the stay of enforcement of the award. |
August 7, 2013 | Elsamex S.A. files preliminary objections pursuant to ICSID Arbitration Rules 41(5) and 53. |
August 21, 2013 | The Republic of Honduras files observations on Elsamex S.A.'s preliminary objections pursuant to ICSID Arbitration Rules 41(5) and 53. |
September 19, 2013 | The ad hoc Committee holds a first session and a hearing on preliminary objections in Washington, D.C. |
September 25, 2013 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
October 1, 2013 | Each party files answers to questions posed by the ad hoc Committee during the first session. |
October 3, 2013 | The Republic of Honduras files observations on Elsamex S.A.'s answers to questions posed by the ad hoc Committee during the first session. Elsamex S.A. files a response to the Republic of Honduras' observations of October 3, 2013. |
January 7, 2014 | The ad hoc Committee issues a decision on Elsamex S.A.'s preliminary objections pursuant to ICSID Arbitration Rules 41(5) and 53. The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award. |
February 17, 2014 | The Republic of Honduras files observations concerning the conditions for the stay of enforcement of the award. |
February 21, 2014 | Elsamex S.A. files a response to the Republic of Honduras' observations of February 17, 2014, and a further request to terminate the stay of enforcement of the award. |
February 28, 2014 | The Republic of Honduras files observations on Elsamex S.A.'s request of February 21, 2014. |
March 11, 2014 | The Republic of Honduras files a memorial on annulment. The ad hoc Committee issues a decision on the termination of the stay of enforcement of the award. |
April 15, 2014 | Elsamex S.A. files a counter-memorial on annulment. |
May 6, 2014 | The Republic of Honduras files a reply on annulment. |
May 27, 2014 | Elsamex S.A. files a rejoinder on annulment. |
April 21, 2015 | The ad hoc Committee issues an order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1). |