Case Details

Opic Karimum Corporation v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/14)

Subject of Dispute:

Oil exploration and production
Economic Sector:

Oil, Gas & Mining
Instrument(s) Invoked:

Investment Law - Venezuela (1999)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Opic Karimum Corporation (Panamanian)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

June 16, 2010
Date of Constitution of Tribunal:

January 5, 2011

Composition of Tribunal

President:

Doug JONES (Australian, Irish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Philippe SANDS (British, French, Mauritian) - Appointed by the Respondent(s)
Guido Santiago TAWIL (Argentine, Portuguese) - Appointed by the Claimant(s)

Party Representatives

Claimant(s):

K&L Gates, Taipei, Taiwan
McDermott Will& Emery Rechtsanwälte Steuerberater, Frankfurt, Germany
McDermott Will& Emery, Washington D.C., U.S.A.
Respondent(s):

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

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 28, 2013 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Guido Santiago Tawil.

(a) Original Proceeding

Published Decisions

Award of the Tribunal

Dissenting Opinion of Professor Dr. Guido Santiago Tawil

Decision on the Proposal to Disqualify Professor Philippe Sands, Arbitrator - English (Original) (May 5, 2011)

Available on the ICSID Website

Award of the Tribunal (May 28, 2013) English (Original); Spanish (Original)

Dissenting Opinion of Professor Dr. Guido Santiago Tawil (May 28, 2013) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
June 16, 2010	The Secretary-General registers a request for the institution of arbitration proceedings.
January 5, 2011	The Tribunal is constituted. Its members are: Doug Jones (Australian/Irish), President; Philippe Sands (British/French); and Guido Santiago Tawil (Argentine).
January 17, 2011	The Claimants file a proposal for disqualification of an arbitrator; the proceeding is suspended.
February 4, 2011	The Respondent files observations on Claimants' proposal for the disqualification of an arbitrator.
February 17, 2011	The arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
March 9, 2011	The Claimant files further observations on the proposal for disqualification of an arbitrator.
May 5, 2011	The proposal for disqualification of an arbitrator is declined; the proceeding is resumed.
July 12, 2011	The Tribunal holds a first session in Paris.
August 1, 2011	The Respondent files a memorial on jurisdiction.
August 22, 2011	The Claimant files a request for production of documents.
August 29, 2011	The Respondent files observations on the Claimant’s request for production of documents.
September 5, 2011	The Claimant files a response to the Respondent’s observations of August 29, 2011.
September 19, 2011	The Tribunal issues a procedural order concerning production of documents.
November 1, 2011	The Claimant files a counter-memorial on jurisdiction.
January 31, 2012	The Respondent files a reply on jurisdiction.
April 30, 2012	The Claimant files a rejoinder on jurisdiction.
May 21, 2012	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
June 18, 2012 - June 20, 2012	The Tribunal holds a hearing on jurisdiction in Washington, D.C.
May 28, 2013	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Guido Santiago Tawil.