Case Details

TECO Guatemala Holdings, LLC v. Republic of Guatemala (ICSID Case No. ARB/10/23)

Subject of Dispute:

Electricity distribution concession
Economic Sector:

Electric Power & Other Energy
Instrument(s) Invoked:

CAFTA-DR (Dominican Republic-Central America Free Trade Agreement)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

TECO Guatemala Holdings, LLC (U.S.)
Respondent(s):

Republic of Guatemala (Guatemalan)
Date Registered:

November 23, 2010
Date of Constitution of Tribunal:

February 11, 2011

Composition of Tribunal

President:

Alexis MOURRE (French) - Appointed by the Parties
Arbitrators:

William W. PARK (Swiss, U.S.) - Appointed by the Claimant(s)
Claus VON WOBESER (Mexican) - Appointed by the Respondent(s)

Initial Composition of Tribunal

President:

Alexis MOURRE (French)
Arbitrators:

William W. PARK (Swiss, U.S.)
Rodrigo OREAMUNO (Costa Rican)
Reconstituted:

April 21, 2011: Claus VON WOBESER (Mexican) appointed following the Resignation of Rodrigo OREAMUNO (Costa Rican)

Party Representatives

Claimant(s):

White & Case, Washington, D.C., U.S.A.
Respondent(s):

Arenales & Skinner Klée, Guatemala City, Guatemala
Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A.
Viceministerio de Integración y Comercio Exterior, Ministerio de Economía, Guatemala City, Guatemala
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

December 19, 2013 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

April 22, 2014 (Respondent(s))
Date of Constitution of ad hoc Committee:

May 29, 2014

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

President:

Bernard HANOTIAU (Belgian)
Members:

Tinuade OYEKUNLE (Nigerian)
Klaus SACHS (German)

Party Representatives

Claimant(s):

White & Case, Washington, D.C., U.S.A.
Respondent(s):

Arenales & Skinner Klée, Guatemala City, Guatemala
Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Ministerio de Economía, Guatemala City, Guatemala
Procuradora General de la Nación, Guatemala City, Guatemala
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 5, 2016 - The ad hoc Committee issues its decision on annulment.

(c) Second Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

April 22, 2014 (Claimant(s))
Date of Constitution of Tribunal:

May 29, 2014

Composition of Tribunal

President:

Bernard HANOTIAU (Belgian)
Arbitrators:

Tinuade OYEKUNLE (Nigerian)
Klaus SACHS (German)

Party Representatives

Claimant(s):

White & Case, Washington, D.C., U.S.A.
Respondent(s):

Arenales & Skinner Klée, Guatemala City, Guatemala
Freshfields Bruckhaus Deringer US, Washington, D.C., U.S.A.
Ministerio de Economía, Guatemala City, Guatemala
Procuradora General de la Nación, Guatemala City, Guatemala
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 5, 2016 - The ad hoc Committee issues its decision on annulment.

(d) Resubmission Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

October 3, 2016 (Claimant(s))
Date of Constitution of Tribunal:

February 8, 2017

Composition of Tribunal

President:

Vaughan LOWE (British)
Arbitrators:

Stanimir A. ALEXANDROV (Bulgarian)
Brigitte STERN (French)

Party Representatives

Claimant(s):

White & Case, London, U.K. and Washington, D.C., U.S.A.
Respondent(s):

Freshfields Bruckhaus Deringer, Washington, D.C. and New York, N.Y., U.S.A., and Rome, Italy
Ministro de Economía, República de Guatemala
Dechamps International Law, London, U.K.
Procurador General de la Nación, República de Guatemala
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

May 13, 2020 - The Tribunal renders its award.

(e) Supplementary Decision Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

June 11, 2020 (Claimant(s))

Party Representatives

Claimant(s):

White & Case, London, U.K. and Washington, D.C., U.S.A.
Respondent(s):

Procurador General de la Nación, República de Guatemala
Status of Proceeding:

Concluded
Outcome of Proceeding:

October 16, 2020 - The Tribunal issues its decision on the request for supplementary decision of the award.

(f) Third Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

February 22, 2021
Date of Constitution of Tribunal:

March 31, 2021

Composition of Tribunal

President:

Deva VILLANUA GOMEZ (Spanish)
Arbitrators:

Doug JONES (Australian, Irish)
Lawrence BOO (Singaporean)

Party Representatives

Claimant(s):

White & Case, London, U.K. and Washington, D.C., U.S.A.
Respondent(s):

Procurador General de la Nación, Guatemala City Guatemala
Minister of Economy, Guatemala City Guatemala
GST, Washington, DC, U.S.A.
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 24, 2023 - The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).

(a) Original Proceeding

Published Decisions

Minutes of the First Session

Procedural Order No. 1

Procedural Order No. 2

Award of the Tribunal

Available on the ICSID Website

Minutes of the First Session (May 23, 2011) English (Original)

Procedural Order No. 1 (December 16, 2011) English (Original)

Procedural Order No. 2 (March 21, 2012) English (Original)

Award of the Tribunal (December 19, 2013) English (Original); Spanish (Original)

(b) Annulment Proceeding

Published Decisions

Procedural Order No. 1

Decision on Guatemala’s Request for a Continuation of the Stay of Enforcement of the Award

Decision on Annulment

Available on the ICSID Website

Procedural Order No. 1 (August 1, 2014) English (Original); Spanish (Original)

Decision on Guatemala’s Request for a Continuation of the Stay of Enforcement of the Award (February 10, 2015) English (Original)

Decision on Annulment (April 5, 2016) English (Original); Spanish (Original)

(c) Second Annulment Proceeding

Published Decisions

Procedural Order No. 1

Decision on Annulment

Available on the ICSID Website

Procedural Order No. 1 (August 1, 2014) English (Original); Spanish (Original)

Decision on Annulment (April 5, 2016) English (Original)

(d) Resubmission Proceeding

Published Decisions

Award of the Tribunal

Available on the ICSID Website

Award of the Tribunal (May 13, 2020) English (Original); Spanish (Original)

(e) Supplementary Decision Proceeding

Published Decisions

Supplementary Decision

Available on the ICSID Website

Supplementary Decision (October 16, 2020) English (Original); Spanish (Original)

(f) Third Annulment Proceeding

Published Decisions

Decision on Stay of Enforcement

Procedural Order No. 1

Procedural Order No. 2

Procedural Order No. 3

Procedural Order No. 4

Procedural Order No. 5

Procedural Order No. 6

Procedural Order No. 7

Transcript Day 1 - Hearing on Annulment

Transcript Day 2 - Hearing on Annulment

Transcript Day 3 - Hearing on Annulment

Order Taking Note of the Discontinuance of the Proceeding

Available on the ICSID Website

Decision on Stay of Enforcement (May 17, 2021) English (Original); Spanish (Original)

Procedural Order No. 1 (May 17, 2021) English (Original); Spanish (Original)

Procedural Order No. 2 (September 1, 2021) English (Original); Spanish (Original)

Procedural Order No. 3 (December 15, 2021) English (Original); Spanish (Original)

Procedural Order No. 4 (February 11, 2022) English (Original); Spanish (Original)

Procedural Order No. 5 (March 1, 2022) English (Original); Spanish (Original)

Procedural Order No. 6 (June 3, 2022) English (Original); Spanish (Original)

Procedural Order No. 7 (July 14, 2022) English (Original); Spanish (Original)

Transcript Day 1 - Hearing on Annulment (July 27, 2022) English (Original); Spanish (Original)

Transcript Day 2 - Hearing on Annulment (July 28, 2022) English (Original); Spanish (Original)

Transcript Day 3 - Hearing on Annulment (July 29, 2022) English (Original); Spanish (Original)

Order Taking Note of the Discontinuance of the Proceeding (January 24, 2023) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
November 23, 2010	The Secretary-General registers a request for the institution of arbitration proceedings.
February 11, 2011	The Tribunal is constituted. Its members are: Alexis Mourre (French), President; Rodrigo Oreamuno (Costa Rican); and William W. Park (U.S./Swiss).
February 15, 2011	The Claimant files a proposal for disqualification of an arbitrator; the proceeding is suspended.
February 23, 2011	The arbitrator furnishes explanations in regard to the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3).
March 3, 2011	The Respondent files observations on the proposal for disqualification.
March 14, 2011	The Claimant files a response to the Respondent's observations of March 3, 2011.
March 21, 2011	The Respondent files reply on the proposal for disqualification.
March 24, 2011	The Claimant files a rejoinder on the proposal for disqualification.
March 30, 2011	Following the resignation of arbitrator Rodrigo Oreamuno, the Centre notifies the parties of the vacancy on the Tribunal; the proceeding remains suspended.
April 21, 2011	The Tribunal is reconstituted. Its members are: Alexis Mourre (French), President; William W. Park (U.S./Swiss); and Claus von Wobeser (Mexican).
May 23, 2011	The Tribunal holds a first session by telephone conference.
September 23, 2011	The Claimant files a memorial on the merits.
December 19, 2011	The Tribunal issues Procedural Order No. 1 concerning production of documents.
January 24, 2012	The Respondent files a counter-memorial on the merits and a memorial on jurisdiction and admissibility.
March 21, 2012	The Tribunal issues Procedural Order No. 2 concerning production of documents.
May 24, 2012	The Claimant files a reply on the merits and a counter-memorial on jurisdiction and admissibility.
September 24, 2012	The Respondent files a rejoinder on the merits.
October 5, 2012	The Republic of El Salvador and the Dominican Republic each file a written submission as a non-disputing party pursuant to CAFTA Article 10.20.2.
October 12, 2012	The Claimant files a request to exclude evidence filed together with the Respondent’s submission of September 24, 2012.
October 19, 2012	The Respondent files observations on the Claimant’s request of October 12, 2012.
October 22, 2012	The Tribunal issues a decision on the Claimant’s request of October 12, 2012.
November 5, 2012	The Respondent files a revised rejoinder on the merits in accordance with the Tribunal’s instructions of October 22, 2012.
November 9, 2012	The Claimant files a rejoinder on jurisdiction and admissibility.
November 15, 2012	The Republic of Honduras files a written submission as a non-disputing party pursuant to CAFTA Article 10.20.2.
November 23, 2012	The United States of America files a written submission as a non-disputing party pursuant to CAFTA Article 10.20.2.
December 11, 2012	The Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
January 21, 2013 - January 23, 2013	The Tribunal holds a hearing on jurisdiction and merits in New York City.
March 1, 2013 - March 5, 2013	The Tribunal holds the continuation of a hearing on jurisdiction and merits in Washington, D.C.
June 10, 2013	Each party files a post-hearing brief.
July 8, 2013	Each party files a reply post-hearing brief.
July 24, 2013	Each party files a submission on costs.
August 7, 2013	Each party files observations on the other party's submission on costs.
November 12, 2013	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
December 19, 2013	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
April 22, 2014	The Secretary-General registers an application for partial annulment of the award filed by Republic of Guatemala.
August 1, 2014	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
October 17, 2014	TECO Guatemala Holdings, LLC files a memorial on partial annulment.
February 26, 2015	TECO Guatemala Holdings, LLC files a request for the exclusion of evidence.
May 8, 2015	TECO Guatemala Holdings, LLC files a reply on partial annulment.
May 8, 2015	The Republic of Guatemala files a reply on annulment.
August 14, 2015	TECO Guatemala Holdings, LLC files a rejoinder on annulment.
October 13, 2015 - October 15, 2015	The ad hoc committee holds a hearing on annulment in Washington, D.C.
November 4, 2015	The Republic of Guatemala files a submission on costs.
November 5, 2015	TECO Guatemala Holdings, LLC files a submission on costs.
March 16, 2016	The ad hoc Committee declares the proceedings closed in accordance with ICSID Arbitration Rules 53 and 38(1).
April 5, 2016	The ad hoc Committee issues its decision on annulment.

(c) Second Annulment Proceeding

Date	Development
April 22, 2014	The Secretary-General registers an application for partial annulment of the award filed by TECO Guatemala Holdings, LLC.
May 29, 2014	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Bernard Hanotiau (Belgian), President; Tinuade Oyekunle (Nigerian); and Klaus M. Sachs (German); all members appointed by the Chairman of the Administrative Council.
July 10, 2014	The ad hoc Committee holds a first session by telephone conference.
October 17, 2014	The Republic of Guatemala files a memorial on annulment.
December 19, 2014	The Republic of Guatemala files a request to continue the stay of enforcement of the award.
January 9, 2015	TECO Guatemala Holdings, LLC files observations on the Republic of Guatemala’s request to continue the stay of enforcement of the award.
January 30, 2015	The Republic of Guatemala files a response to TECO Guatemala Holdings, LLC’s observations of January 9, 2015.
February 3, 2015	TECO Guatemala Holdings, LLC files further observations on the Republic of Guatemala’s response of January 30, 2015.
February 9, 2015	TECO Guatemala Holdings, LLC files a counter-memorial on annulment. The Republic of Guatemala files a counter-memorial on partial annulment.
February 10, 2015	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
March 6, 2015	The Republic of Guatemala files observations on TECO Guatemala Holdings, LLC’s request of February 26, 2015.
March 11, 2015	TECO Guatemala Holdings, LLC files a response to the Republic of Guatemala’s observations of March 6, 2015.
March 16, 2015	The Republic of Guatemala files further observations on TECO Guatemala Holdings, LLC’s response of March 11, 2015.
March 18, 2015	The ad hoc Committee decides on the exclusion of evidence.
August 14, 2015	The Republic of Guatemala files a rejoinder on partial annulment.
October 13, 2015 - October 15, 2015	The ad hoc Committee holds a hearing on annulment in Washington, D.C.
November 4, 2015	The Republic of Guatemala files a submission on costs.
November 5, 2015	TECO Guatemala Holdings, LLC files a submission on costs.
March 16, 2016	The ad hoc Committee declares the proceedings closed in accordance with ICSID Arbitration Rules 53 and 38(1).
April 5, 2016	The ad hoc Committee issues its decision on annulment.

(d) Resubmission Proceeding

Date	Development
October 3, 2016	The Secretary-General registers a request for resubmission of the dispute to a new tribunal.
October 6, 2016	Following appointment by the Claimant, Stanimir Alexandrov (Bulgarian) accepts his appointment as arbitrator.
December 16, 2016	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
February 8, 2017	Following appointment by the Secretary-General, Vaughan Lowe (British) accepts his appointment as presiding arbitrator.
February 8, 2017	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Vaughan Lowe (British), President, appointed by the Secretary-General pursuant to DR-CAFTA Article 10.19.3 and Article 37(2)(a) of the ICSID Convention; Stanimir Alexandrov (Bulgarian), appointed by the Claimant; and Brigitte Stern (French), appointed by the Respondent.
April 3, 2017	The Tribunal holds a first session by telephone conference.
April 4, 2017	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
May 3, 2017	The Claimant files a request for the Tribunal to decide on confidentiality of documents.
May 4, 2017	The Respondent files observations on the Claimant’s request of May 3, 2017.
May 5, 2017	The Tribunal issues Procedural Order No. 2 concerning the confidentiality of documents.
May 22, 2017	The Tribunal issues Procedural Order No. 3 amending Procedural Order No. 1.
September 1, 2017	The Claimant files a memorial on the merits.
February 2, 2018	The Respondent files a counter-memorial on the merits.
May 30, 2018	The Claimant files a reply on the merits.
September 26, 2018	The Respondent files a rejoinder on the merits.
December 13, 2018	The Claimant files a request for the Tribunal to decide on the admissibility of new evidence.
January 23, 2019	The Respondent files observations on the Claimant’s request of December 13, 2018, including a further request for the Tribunal to decide on the admissibility of new evidence.
January 24, 2019	The Claimant files observations on the Respondent’s request for the admissibility of new evidence of January 23, 2019.
January 25, 2019	The Tribunal decides on the admissibility of new evidence.
February 11, 2019	The President holds a pre-hearing organizational meeting with the parties by telephone conference.
February 14, 2019	The Tribunal issues Procedural Order No. 4 concerning the organization of the hearing.
March 11, 2019 - March 14, 2019	The Tribunal holds a hearing on jurisdiction and merits in Washington, D.C.
April 24, 2019	Each party files a submission on costs.
April 2, 2020	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
May 13, 2020	The Tribunal renders its award.

(e) Supplementary Decision Proceeding

Date	Development
June 11, 2020	The Secretary-General registers a request for supplementary decision of the award filed by TECO Guatemala Holdings, LLC.
June 29, 2020	The Respondent files observations on the Claimant’s request for a supplementary decision.
October 16, 2020	The Tribunal issues its decision on the request for supplementary decision of the award.

(f) Third Annulment Proceeding

Date	Development
February 22, 2021	The Secretary-General registers an application for annulment of the award filed by the Republic of Guatemala and notifies the parties of the provisional stay of enforcement of the award.
March 31, 2021	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Deva Villanúa (Spanish), President; Doug Jones (Australia / Ireland); and Lawrence Boo (Singaporean); all members appointed by the Chairman of the Administrative Council.
May 12, 2021	The ad hoc Committee holds a first session by video conference.
May 17, 2021	The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters.
May 17, 2021	The ad hoc Committee issues a decision on the continuation of the stay of enforcement of the award.
August 11, 2021	The Republic of Guatemala files a request for the ad hoc Committee to decide on the admissibility of new evidence.
August 17, 2021	TECO Guatemala Holdings, LLC files observations on the Republic of Guatemala’s request of August 11, 2021.
August 18, 2021	The Republic of Guatemala files a reply on the admissibility of new evidence.
August 23, 2021	The ad hoc Committee decides on the admissibility of new evidence.
August 25, 2021	The Republic of Guatemala files a memorial on annulment.
September 1, 2021	The ad hoc Committee issues Procedural Order No. 2 concerning the admissibility of new evidence.
December 2, 2021	TECO Guatemala Holdings, LLC files a request for the ad hoc Committee to decide on the admissibility of new evidence.
December 3, 2021	TECO Guatemala Holdings, LLC supplements its request of December 2, 2021.
December 6, 2021	The Republic of Guatemala files observations on TECO Guatemala Holdings, LLC’s request of December 2, 2021, as supplemented on December 3, 2021.
December 8, 2021	The ad hoc Committee decides on the admissibility of new evidence with reasons to follow.
December 8, 2021	TECO Guatemala Holdings, LLC files a counter-memorial on annulment.
December 15, 2021	The ad hoc Committee issues Procedural Order No. 3 concerning the admissibility of new evidence.
January 25, 2022	The Republic of Guatemala files a request for the exclusion of evidence.
January 31, 2022	The Republic of Guatemala files a second request for the exclusion of evidence.
February 3, 2022	TECO Guatemala Holdings, LLC files observations on the Republic of Guatemala’s requests of January 25, 2022 and January 31, 2022.
February 11, 2022	The ad hoc Committee issues Procedural Order No. 4 concerning the exclusion of evidence.
February 17, 2022	The Republic of Guatemala files a request for the ad hoc Committee to decide on the admissibility of new evidence.
February 18, 2022	TECO Guatemala Holdings, LLC files observations on the Republic of Guatemala’s request of February 11, 2022.
February 22, 2022	The ad hoc Committee decides on the admissibility of new evidence.
March 1, 2022	The ad hoc Committee issues Procedural Order No. 5 concerning the admissibility of new evidence.
March 7, 2022	The Republic of Guatemala files a reply on annulment.
May 31, 2022	TECO Guatemala Holdings, LLC files a request for the ad hoc Committee to decide on the admissibility of new evidence.
June 1, 2022	The Republic of Guatemala files observations on TECO Guatemala Holdings, LLC’s request of May 31, 2022.
June 3, 2022	The ad hoc Committee issues Procedural Order No. 6 concerning the admissibility of new evidence.
June 8, 2022	TECO Guatemala Holdings, LLC files a rejoinder on annulment.
July 5, 2022	The ad hoc Committee holds a pre-hearing organizational meeting with the parties by video conference.
July 14, 2022	The ad hoc Committee issues Procedural Order No. 7 concerning the organization of the hearing.
July 27, 2022 - July 29, 2022	The ad hoc Committee holds a hearing on annulment in London and by video conference.
September 12, 2022	The ad hoc Committee issues Procedural Order No. 8 concerning post-hearing issues.
November 30, 2022	The proceeding is suspended pursuant to the parties’ agreement.
December 19, 2022	The parties file a request for the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).
January 24, 2023	The ad hoc Committee issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rules 53 and 43(1).