Case Details

Flughafen Zürich A.G. and Gestión e Ingeniería IDC S.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/19)

Subject of Dispute:

Development, operation, and maintenance of an airport
Economic Sector:

Transportation
Instrument(s) Invoked:

BIT Venezuela, Republica Bolivariana de - Chile 1993, BIT Venezuela, Republica Bolivariana de - Switzerland 1993
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Flughafen Zürich A.G. (Swiss), Gestión e Ingeniería IDC S.A. (Chilean)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

August 9, 2010
Date of Constitution of Tribunal:

March 24, 2011

Composition of Tribunal

President:

Juan FERNÁNDEZ-ARMESTO (Spanish) - Appointed by the Chairman of the Administrative Council
Arbitrators:

Henri C. ÁLVAREZ (Canadian) - Appointed by the Claimant(s)
Raúl E. VINUESA (Argentine, Spanish) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Bofill Mir & Alvarez Jana, Santiago, Chile
Respondent(s):

Procuraduría General de la República, Caracas, Venezuela
Guglielmino & Asociados, Buenos Aires, Argentina
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

November 18, 2014 - The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Raúl Emilio Vinuesa.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

March 27, 2015 (Respondent(s))
Date of Constitution of ad hoc Committee:

August 24, 2015

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Álvaro Rodrigo CASTELLANOS HOWELL (Guatemalan)
Members:

Shoschana ZUSMAN TINMAN (Peruvian)
Carlos URRUTIA VALENZUELA (Colombian)

Party Representatives

Claimant(s):

Bofill Mir & Alvarez Jana, Santiago, Chile
Respondent(s):

Procuraduría General de la República, Caracas, Venezuela
Guglielmino & Asociados, Buenos Aires, Argentina
Language(s) of Proceeding:

Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 15, 2019 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Decision on Claimants’ proposal for disqualification of one of Respondent’s expert witnesses, and request for inadmissibility of evidence

Award of the Tribunal (English;)

Available on the ICSID Website

Decision on Claimants’ proposal for disqualification of one of Respondent’s expert witnesses, and request for inadmissibility of evidence (August 29, 2012) Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Decision on the Termination of the Stay of Enforcement of the Award

Decision on Annulment (Spanish;)

Available on the ICSID Website

Decision on the Termination of the Stay of Enforcement of the Award (March 11, 2016) Spanish (Original)

(a) Original Proceeding

Date	Development
August 9, 2010	The Secretary-General registers a request for the institution of arbitration proceedings.
December 9, 2010	Following appointment by the Claimants, Henri C. Álvarez (Canadian) accepts his appointment as arbitrator.
January 21, 2011	Following appointment by the Respondent, Raúl E. Vinuesa (Argentine/Spanish) accepts his appointment as arbitrator.
March 24, 2011	Following appointment by the Chairman of the Administrative Council, Juan Fernández-Armesto (Spanish) accepts his appointment as presiding arbitrator.
March 24, 2011	The Tribunal is constituted in accordance with Article 37(2)(b) of the ICSID Convention. Its members are: Juan Fernández-Armesto (Spanish), 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 Raúl E. Vinuesa (Argentine/Spanish), appointed by the Respondent.
May 23, 2011	The Tribunal holds a first session by telephone conference.
October 21, 2011	The Claimants file a memorial on the merits.
January 17, 2012	The Tribunal decides on an amendment to the procedural calendar.
February 8, 2012	The Respondent files a memorial on jurisdiction.
May 8, 2012	The Claimants file a counter-memorial on jurisdiction.
June 28, 2012	The Respondent files a reply on jurisdiction.
July 18, 2012	The Claimants file a proposal for disqualification of one of the Respondent's expert witnesses and a request for the inadmissibility of further evidence.
August 2, 2012	The Respondent files observations on the Claimants' proposal for disqualification and on the Claimants' request of July 18, 2012.
August 3, 2012	The Claimants file a response to the Respondent's observations of August 2, 2012.
August 4, 2012	The Respondent files further observations on the Claimants' proposal for disqualification and request of August 2, 2012.
August 29, 2012	The Claimants file a rejoinder on jurisdiction.
August 29, 2012	The Tribunal issues a decision on the Claimants' proposal for disqualification of one of the Respondent's expert witnesses and a request for inadmissibility of further evidence.
September 4, 2012	The Tribunal issues a decision on the Respondent’s request to address the objections to jurisdiction as a preliminary question.
November 19, 2012	The Respondent files a counter-memorial on the merits.
February 15, 2013	The Claimants file a reply on the merits.
May 20, 2013	The Respondent files a rejoinder on the merits.
June 24, 2013 - June 28, 2013	The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C.
July 22, 2013	The Tribunal issues Procedural Order No. 1 concerning the post-hearing procedural calendar.
August 15, 2013	Each party files a post-hearing expert report pursuant to Procedural Order No. 1.
September 30, 2013	Each party files a post-hearing brief.
October 3, 2013	The Claimants file a statement of costs.
October 7, 2013	The Respondent files a statement of costs.
November 28, 2013	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
December 12, 2013	The Claimants file observations on the Respondent’s request of November 28, 2013.
December 24, 2013	The Respondent files a response to the Claimants' observations of December 12, 2013.
January 6, 2014	The Claimants file further observations on the Respondent’s request of November 28, 2013.
February 4, 2014	The Tribunal issues Procedural Order No. 2 concerning the admissibility of new evidence.
May 27, 2014	The Respondent files a request for the Tribunal to decide on the admissibility of new evidence.
June 4, 2014	The Claimants file observations on the Respondent's request of May 27, 2014.
June 5, 2014	The Respondent files a response to the Claimants' observations of June 4, 2014.
June 16, 2014	The Claimants file further observations to the Respondent's request of May 27, 2014.
July 8, 2014	The Tribunal issues Procedural Order No. 3 concerning the admissibility of new evidence.
November 12, 2014	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
November 18, 2014	The Tribunal renders its award; attached to the award is a partial dissenting opinion by arbitrator Raúl Emilio Vinuesa.

(b) Annulment Proceeding

Date	Development
March 27, 2015	The Secretary-General registers an application for annulment of the award filed by the Bolivarian Republic of Venezuela, and notifies the parties of the provisional stay of enforcement of the award.
August 24, 2015	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Álvaro Castellanos Howell (Guatemalan), President; Shoschana Zusman Tinman (Peruvian); and Carlos Urrutia Valenzuela (Colombian); all members appointed by the Chairman of the Administrative Council.
August 31, 2015	Flughafen Zürich A.G. and Gestión e Ingeniería IDC S.A. file a request to terminate the stay of enforcement of the award.
September 18, 2015	The Bolivarian Republic of Venezuela files observations on Flughafen Zürich A.G. and Gestión e Ingeniería IDC S.A.’s request to terminate the stay of enforcement of the award.
November 9, 2015	The ad hoc Committee holds a first session and a hearing on the stay of enforcement of the award in Washington, D.C.
December 1, 2015	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
January 8, 2016	The Bolivarian Republic of Venezuela files a memorial on annulment.
March 8, 2016	Flughafen Zürich A.G. and Gestión e Ingeniería IDC S.A. file a counter-memorial on annulment.
March 11, 2016	The ad hoc Committee issues a decision on the stay of enforcement of the award.
April 29, 2016	The ad hoc Committee issues Procedural Order No. 2 concerning the termination of the stay of enforcement of the award.
May 9, 2016	The Bolivarian Republic of Venezuela files a reply on annulment.
July 6, 2016	The Secretary-General moves that the Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(e).
July 8, 2016	The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and 14(3)(e).
April 4, 2017	The proceeding is resumed following payment of the required advances.
May 22, 2017	Flughafen Zürich A.G. and Gestión e Ingeniería IDC S.A. file a rejoinder on annulment.
July 27, 2017	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by telephone conference.
August 9, 2017	The ad hoc Committee issues Procedural Order No. 3 concerning procedural matters.
September 12, 2017 - September 13, 2017	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
October 31, 2017	Each party files a statement of costs.
December 13, 2017	The Bolivarian Republic of Venezuela files a proposal for disqualification of ad hoc Committee member Álvaro Castellanos Howell. The proceeding is suspended in accordance with ICSID Arbitration Rules 53 and 9(6).
December 27, 2017	Flughafen Zürich A.G. and Gestión e Ingeniería IDC S.A. file observations on the proposal for disqualification.
January 2, 2018	The member of the ad hoc Committee furnishes explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rules 53 and 9(3).
January 10, 2018	Each party files additional observations on the proposal for disqualification.
February 19, 2018	The proposal for disqualification of ad hoc Committee member Álvaro Castellanos Howell is declined by the other two members of the ad hoc Committee. The proceeding is resumed pursuant to ICSID Arbitration Rules 53 and 9(6).
July 20, 2018	The Bolivarian Republic of Venezuela files a request for the stay of enforcement of the award.
July 31, 2018	Flughafen Zürich A.G. and Gestión e Ingeniería IDC S.A. file observations on the Bolivarian Republic of Venezuela’s request for the stay of enforcement of the award.
October 18, 2018	The ad hoc Committee issues a second decision on the stay of enforcement of the award.
October 18, 2018	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 38(1) and 53.
April 15, 2019	The ad hoc Committee issues its decision on annulment.